M.C. v. Windsor-Essex Children's Aid Society, 2015 HRTO 1248

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

M.C.

Applicant

-and-

Windsor-Essex Children's Aid Society

Respondent

A N D B E T W E E N:

R.C.

Applicant

-and-

Windsor-Essex Children's Aid Society

Respondent

INTERIM DECISION

Adjudicator: Dawn J. Kershaw

Date: September 18, 2015

Citation: 2015 HRTO 1248

Indexed as: M.C. v. Windsor-Essex Children’s Aid Society

1A hearing in respect of these Applications, filed under the Human Rights Code, R.S.O. 1990, c. H.19, as amended, is scheduled for October 15 and 16, 2015 in London.

2By Form 9 Requests to Withdraw an Application (“Form 9 Requests”) dated July 22, 2015, each of the applicants requested that each of the Applications be withdrawn as against each of the personal respondents.

3It does not appear that the Tribunal received these Form 9 Requests until the respondents forwarded a copy to the Tribunal by e-mail, dated September 18, 2015.

4While the Tribunal has the discretion to deny a request to withdraw it has done so only on the rarest occasions – for example when it has found that to allow a withdrawal would amount to an abuse of process. There is no reason to deny their requests and they are granted.

order

5The Tribunal orders that:

a. The Application in Tribunal File No. 2012-13231-I is withdrawn as against the personal respondent.

b. The Application in Tribunal File No. 2013-14031-I is withdrawn as against the personal respondent.