HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Stephen Sherlock
Applicant
-and-
Nishnawbe-Aski Police Services Board
Respondent
DECISION
Adjudicator: Brian Cook
Indexed as: Sherlock v. Nishnawbe-Aski Police Services Board
1This Application is scheduled for hearing on December 1 and 2, 2016.
2The applicant has filed a Request to Withdraw an Application (Form 9), stating that the applicant wishes to withdraw the Application. The respondent filed a Response to the applicant’s Request, stating that the respondent “objects to the applicant using the withdrawal as a means to bring another Application at a later date, based on the same or similar facts to the Tribunal”. The respondent submits that if the applicant were to do that, it would be an abuse of the Tribunal’s process.
3The applicant’s representative filed correspondence dated October 19, 2016, in which it is stated that the applicant is considering “filing a reprisal application”, which would involve new allegations separate from the allegations in the within Application. The correspondence further submits that such an Application would be timely as there are recent allegations of reprisal.
4At this time, the only Application that has been filed at the Tribunal is the Application in file 2013-14789-I. The applicant has filed a Request to Withdraw that Application. The respondent does not object to the withdrawal but objects to a potential future Application that may be filed.
Order
5The Request to Withdraw the Application is granted.
6Any concerns about any future Application will be addressed if and when a future Application is filed. The withdrawal of the Application is without prejudice to the respondent’s right to make submissions concerning the Application and the fact that it was withdrawn, if and when any future Application is filed.
7The hearing scheduled for December 1 and 2, 2016 is canceled.
Dated at Toronto, this 20th day of October, 2016.
“Signed By”
Brian Cook
Vice-chair