HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Susan Anderson
Applicant
-and-
Carpenter Housing Co-operative Inc.
Respondent
DECISION
Adjudicator: Geneviève Debané
Indexed as: Anderson v. Carpenter Housing Co-operative Inc.
WRITTEN SUBMISSIONS
Susan Anderson, Applicant
Self-represented
Carpenter Housing Co-operative Inc., Respondent
Shawn O’Connor, Counsel
1This matter is scheduled for hearing in Ottawa on January 16, 2015.
2On October 8, 2014 the applicant filed a Form 9, Request to withdraw the Application.
3On October 15, 2014 the respondent filed a Form 11, Response to the Request to withdraw in which it requests that the Tribunal dismiss the Application so that there is no issue with respect to the refiling of the Application in the future.
4Rule 10.5 of the Tribunal’s Rules of Procedure states that, “where a Response to an Application has been filed, an Application may be withdrawn only with the permission of the Tribunal and upon such terms as the Tribunal may determine”.
5In D.R. v. Upper Grand District School Board, 2011 HRTO 1751, the Tribunal allowed the applicant to withdraw without conditions, commenting as follows at para 4:
The Tribunal appreciates the respondents’ concerns about the time and resources they have devoted to responding to this Application. Nonetheless, I see little to be gained by an inquiry at this stage into whether the circumstances of this Application and the possible motivation for the applicant’s decision to seek to withdraw the Application should lead to the sort of order sought by the respondents. If the applicant seeks to re-file the same allegations in another application, the respondents may raise their objection at that time and may request that the Tribunal refuse to consider a new application.
6In the circumstances of this case, I find that it is appropriate to grant the applicant permission to withdraw the Application without any conditions.
7The Tribunal shall close its file and the scheduled hearing is cancelled.
Dated at Toronto, this 16^th^ day of October, 2014.
“signed by”
Geneviève Debané
Vice-chair