Andrew Howell v. The Corporation of the City of Oshawa, 2011 HRTO 859

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Andrew Howell

Applicant

-and-

The Corporation of the City of Oshawa

Respondent

INTERIM DECISION

Adjudicator: Naomi Overend

Date: May 3, 2011

Citation: 2011 HRTO 859

Indexed as: Howell v. Oshawa (City)

1The applicant filed this Application alleging that the Corporation of the City of Oshawa and the Windfield Farms Community Association (WFCA) discriminated against him in housing on the basis of age, family status and association, contrary to the Ontario Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”).

2On January 31, 2011, the applicant, who is now represented by counsel, stated in his written submissions that he “withdraws his Application as against the Windfield Farms Community Association.” This is further to a direction found in a Case Assessment Direction, which states the following:

The applicant names this unincorporated association as a respondent to his Application. David Bray, who was a member of WFCA, assumed the role as the spokesperson for the organization at the time the Application was filed. However, he has since moved from the community and no longer has ties to the WFCA. No person was named as spokesperson when he moved from the area. In any event, it is his understanding that the WFCA is no longer active.

Mr. Bray attended the Case Management Hearing on November 1, 2010 to advise me of this, and also to request that he be released from further obligations vis-à-vis this respondent. I thanked him for his oral submissions and released him from any further obligation to act as this organization’s representative.

In light of the fact that there is no apparent representative or, for that matter, organization, the applicant indicated that he will consider whether he wishes to continue against this respondent. …

3The remaining respondent takes no position on the applicant’s request. Given the considerations set out in the above passage, the Tribunal orders that Windfield Farms Community Association be removed as a respondent. The style of cause has been amended to reflect his change.