Robert Loro v. Complex Services Inc., 2016 HRTO 412

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Robert Loro

Applicant

-and-

Complex Services Inc.

Respondent

DECISION

Adjudicator: Naomi Overend
Date: March 31, 2016
Citation: 2016 HRTO 412
Indexed as: Loro v. Complex Services Inc.

APPEARANCES

Robert Loro, Applicant
Margaret Hoy, Counsel

Complex Services Inc., Respondent
Lauri Reesor, Counsel

Introduction

1This Application alleges discrimination with respect to employment because of disability and reprisal contrary to the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”). A hearing was scheduled for this matter on March 10 and 11, 2016.

2The parties attended the hearing on March 10, 2016, and participated in mediation/adjudication. Prior to the commencement of the hearing, the applicant’s counsel announced that her client wished to withdraw his Application so that he might commence a civil action.

3The respondent opposed the withdrawal on the basis that it was an abuse of process for the applicant to do this, particularly in light of his stated intention to start another process, after the respondent had spent significant resources preparing for the hearing. Given that the withdrawal took the respondent by surprise, I allowed counsel additional time to prepare written submissions. In the meantime, the applicant signed a Request to Withdraw (Form 9).

4The respondent submits that the applicant is “forum shopping” and that the Tribunal should admonish him for his conduct. It also asks that if leave is granted, it is done on a with prejudice basis.

decision

5The Tribunal in this case grants the applicant’s request to withdraw his Application, but on a with prejudice basis.

6Rule 10.5 of the Tribunal’s Rules of Procedure states that, “where a Response to an Application has been filed, an Application may be withdrawn only with the permission of the Tribunal and upon such terms as the Tribunal may determine.”

7I agree with the respondent that a withdrawal at this stage would be the type of conduct that would attract cost sanctions in forums where costs are awarded. However, as acknowledged by the respondent, the Tribunal takes the position that it cannot award costs even in circumstances where it finds there has been an abuse of process.

order

8The applicant’s request to withdraw the Application is granted with prejudice to the applicant’s ability to file a new one in respect of the same issues.