Human Rights Tribunal of Ontario
B E T W E E N:
Michele Benson
Applicant
-and-
Partners in Parenting Inc.
Respondent
DECISION
Adjudicator: Ken Bhattacharjee
Indexed as: Benson v. Partners in Parenting Inc.
WRITTEN SUBMISSIONS
Michele Benson, Applicant ) Self-represented
Partners in Parenting Inc., Respondent ) Shawn O’Connor, Counsel
1The applicant filed an Application under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended, on November 1, 2011, and the respondent filed a Response on February 9, 2012.
2On February 27, 2012, the Tribunal delivered the Response to the applicant, and informed her that she may file a Reply by no later than March 12, 2012. On March 9, 2012, the applicant requested an extension of time to file her Reply. On March 12, 2012, the Tribunal granted the applicant’s request and set a deadline of March 26, 2012 for filing her Reply.
3The applicant did not file a Reply. Instead, on April 15, 2012, she filed a Request to Withdraw her Application. On April 18, 2012, the respondent filed a Response which requested that the Application be dismissed rather than withdrawn.
4Rule 10.5 of the Tribunal’s Rules of Procedure provides as follows:
Where a Response to the Application has already been filed, an Application may be withdrawn only with the permission of the Tribunal and upon such terms as the Tribunal may determine.
5The applicant has requested that her Application be withdrawn, not dismissed. On the other hand, the respondent has been put to the trouble and expense of responding to the Application, and is legitimately concerned about finality and certainty.
6If the applicant were to make a new Application based on the same subject matter as this Application, the respondent may object at that time and may request that the Tribunal refuse to consider a new Application. The Tribunal will deal with the respondent’s concerns as necessary in the context of a new Application, if any.
7Accordingly, the Tribunal grants the applicant’s Request to withdraw her Application without any terms.
Dated at Toronto, this 7th day of May, 2012.
“signed by”
Ken Bhattacharjee
Vice-chair