Adrian Flores v. Delta Elevator Company Ltd., 2014 HRTO 440

Human Rights Tribunal of Ontario

B E T W E E N:

Adrian Flores Applicant

-and-

Delta Elevator Company Ltd. Respondent

INTERIM DECISION

Adjudicator: David Muir Date: March 28, 2014 Citation: 2014 HRTO 440 Indexed as: Flores v. Delta Elevator Company Ltd.

1This is an Application filed pursuant to section 34 of the the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”).

2In a Case Assessment Direction issued on December 23, 2013 the respondent’s Request for a Summary Hearing was granted. On the scheduled date for the Summary Hearing the applicant filed a Request to Withdraw the Appliction. The respondent has responded to the Request and seeks an Order that the applicant be prevented from filing a further Applciation on the same facts in the future as such an Application would be an abuse of process.

3The applicant has not responded to the respondent’s request above.

4The respondent’s request is denied at this time. The Tribunal will not normally make an anticipatory order of the kind sought by the respondent. In the event that the Application files an Application in the future related to the same facts and issues as were raised in the instant case the respondent may renew its request at that time.

5The Application is withdrawn and the Tribunal will close its file.