P.M. v. N.L., 2016 HRTO 1305

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

P.M., as represented by her Litigation Guardian, P.M.

Applicant

-and-

N.L.

Respondent

P.M.

Applicant

-and-

N.L.

Respondent

INTERIM DECISION

Adjudicator: Dawn J. Kershaw

Date: October 7, 2016

Citation: 2016 HRTO 1305

Indexed as: PM, as represented by her Litigation Guardian, PM v. N.L.

1These Applications, filed under the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), allege discrimination with respect to goods, services and facilities because of race, colour, ancestry, place of origin and ethnic origin.

Decision Anonymized

2The applicant has brought an Application on his own behalf and another as purported Litigation Guardian on behalf of his birth daughter who was made a Crown ward and subsequently adopted by the respondent. Because reference to the applicant’s name or to the respondent’s name could identify the minor applicant, I have anonymized this decision by referring to the parties by their initials.

3On August 25, 2016, the applicants each delivered and filed a Request to Withdraw the Application.

withdrawal of Application

4Rules 10.3 and 10.5 of the Tribunal’s Rules of Procedure provide as follows:

RULE 10 WITHDRAWAL OF AN APPLICATION

10.3 Where a Respondent or other person or organization receiving notice under Rule 10.1 wishes to respond to a Request to Withdraw, the response must be in Form 11, Response to Request, and must be filed no later than two days after the Request to Withdraw was delivered.

10.5 Where a Response to the Application has already been filed, an Application may be withdrawn only with the permission of the Tribunal and upon such terms as the Tribunal may determine.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 respondent, Foster Parents Association of the Children’s Aid Society of Toronto, did not file a Form 11 Response to a Request for an Order During Proceedings to the Requests to Withdraw in either Application and the time for filing such Responses has elapsed. As such, the Applications are withdrawn as against the Foster Parents Association of the Children’s Aid Society of Toronto. The style of cause of each of these proceedings is amended to remove the Foster Parents Association of the Children’s Aid Society of Toronto.

deferral

6In response to the Tribunal’s Notice of Intent to Defer, dated March 29, 2016, the applicants and the respondent filed submissions and agree there is no reason to defer these Applications.

Order

7The applicants’ request to withdraw the Applications as against the Foster Parents Association of the Children’s Aid Society of Toronto is granted, without terms, and the style of cause is amended accordingly.