HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Russell Barth Complainant
-and-
Ontario Human Rights Commission Commission
-and-
Her Majesty the Queen in Right of Ontario as represented by the Minister of Government and Consumer Services Respondent
DECISION
Adjudicator: Brian Eyolfson Date: October 20, 2011 Citation: 2011 HRTO 1896 Indexed As: Barth v. Ontario (Government and Consumer Services)
1This Decision is in respect of a Complaint filed with the Ontario Human Rights Commission (the “Commission”), dated May 26, 2008, alleging discrimination on the basis of disability in services, contrary to the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”). The allegations in the Complaint relate to the smoking of medical marihuana. By letter dated December 2, 2008, the Commission referred the subject matter of the Complaint to the Tribunal.
2On a conference call with the parties on November 23, 2009, the Tribunal directed the Commission and/or the complainant to contact the Tribunal no later than 21 days after the decision of the Tribunal in another matter alleging discrimination on the basis of disability in services, and involving the smoking of medical marihuana, to indicate if they wished to proceed. That decision, *Ivancicevic v. Ontario (Consumer Services)*, 2011 HRTO 1714, was issued on September 19, 2011.
3On October 6, 2011, the Tribunal received correspondence from the Commission, copied to the other parties, indicating that the Commission would not proceed with the Complaint. The Commission also indicated that the complainant asked the Commission to advise the Tribunal and the respondent that he does not intend to proceed further.
4In the circumstances, the Complaint is withdrawn with leave of the Tribunal.
Dated at Toronto, this 20th day of October, 2011.
”signed by”________
Brian Eyolfson Vice-chair