Brenda McKay v. Judo Ontario, 2011 HRTO 1857

Human Rights Tribunal of Ontario

B E T W E E N:

Brenda McKay

Applicant

-and-

Judo Ontario, Brian Kalsen, Mitchell Kawasaki and Dave Robb

Respondents

DECISION

Adjudicator: Ena Chadha

Date: October 13, 2011

Citation: 2011 HRTO 1857

Indexed as: McKay v. Judo Ontario

1The applicant filed an Application under section 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”) on April 19, 2011.

2The respondents filed a Response on July 15, 2011. The applicant filed a Reply on August 22, 2011.

3The respondents filed a request for summary hearing alleging that there was no reasonable prospect of success of the Application and, therefore, seeking that the Application be dismissed.

4On September 29, 2011, the applicant filed a request to withdraw the Application.

5On September 30, 2011, the respondents filed a response objecting to the request to withdraw. The respondents indicate that the organizational respondent is a non-profit entity and has incurred significant expense in defending against the Application, which it must account for to its Board of Directors. As such, the respondents submit the Tribunal should deal with the merits of the Application in order to provide closure to the respondents and to prevent future applications based on similar misinformation. Alternatively, the respondents ask that the Tribunal impose a condition on the withdrawal barring the applicant from filing an application against any of the respondents based on the same or similar allegations.

6On October 3, 2011, the applicant wrote to the Tribunal reiterating her request to withdraw and indicating that she understands that she will not proceed with another application against any of the respondents.

7The Tribunal appreciates the respondents’ concerns regarding the resources expended in responding to this Application; however, the Tribunal will not undertake a hearing in the circumstances of this case where the applicant has requested to withdraw the Application and agrees to refrain from re-filing another application against the respondents.

8The Application is accordingly withdrawn with leave of the Tribunal.