B.O. by his Litigation Guardian A.O. v. Northwest Catholic District School Board, 2014 HRTO 714

Human Rights Tribunal of Ontario

B E T W E E N:

B.O. by his Litigation Guardian A.O.

Applicant

-and-

Northwest Catholic District School Board

Respondent

DECISION

Adjudicator: Douglas Sanderson

Date: May 20, 2014

Citation: 2014 HRTO 714

Indexed as: B.O. by his Litigation Guardian A.O. v. Northwest Catholic District School Board

WRITTEN SUBMISSIONS

B.O., Applicant

A.O., Litigation Guardian

Northwest Catholic District School Board, Respondent

Eric Roher, Counsel

1This is an Application filed under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the "Code"), alleging discrimination with respect to goods, services and facilities because of disability.

2The hearing of this matter is scheduled on May 26, 27 and 28, 2014 in Thunder Bay, Ontario. In recent correspondence, however, the applicant's litigation guardian has stated that the applicant's family is moving out of the province, i.e., Ontario, at the end of May 2014. Consequently, it appeared that the applicant and litigation guardian did not plan to attend the hearing, but did not stated this explicitly. In a Case Assessment Direction dated May 5, 2014, the Tribunal directed the applicant's litigation as follows:

Within 7 days of the date of this Case Assessment Direction, the applicant's litigation guardian shall state in writing whether the applicant continues to pursue this Application and whether the applicant and litigation guardian plan to attend the hearing of this Application, failing which the Tribunal may dismiss the Application as abandoned;

3On May 12, 2014, the applicant's litigation guardian sent an e-mail message in which she stated that "At this point we have made it perfectly clear that we are not pursuing this case due to the fact that we are moving out of province…" With respect, the applicant's litigation guardian's communications on this point were not particularly clear, which is why the Case Assessment Direction of May 5, 2014 was necessary. However, the litigation guardian has now confirmed that the applicant is no longer pursuing this Application. In the circumstances, I find that the e-mail sent by the applicant's litigation guardian on May 12, 2014 amounts to a Request to Withdraw, pursuant to Rule 10 of the Tribunal's Rules of Procedure and I see no reason not to grant that Request.

Order:

4The Tribunal orders as follows:

1. The Request to Withdraw is granted; and,

2. The hearing dates shall be cancelled.