Delaney v. Markham Stouffville Hospital Corporation, 2017 HRTO 1537

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Thomas Delaney

Applicant

-and-

Markham Stouffville Hospital Corporation and Elena Pacheco

Respondents

DECISION

Adjudicator: Brian Cook

Date: November 22, 2017

Citation: 2017 HRTO 1537

Indexed as: Delaney v. Markham Stouffville Hospital Corporation

WRITTEN SUBMISSIONS

Thomas Delaney, Applicant

Christopher Achkar, Counsel

Markham Stouffville Hospital Corporation and Elena Pacheco, Respondents

Sarah A. Eves, Counsel

1The applicant has filed a Request to Withdraw (Tribunal Form 9). The respondents consent to the withdrawal but want the Tribunal to declare that the withdrawal is “with prejudice”. The respondents say this is necessary to prevent the applicant from re-litigating the allegations in the Application in any future Tribunal or other civil proceeding.

2The request to withdraw the Application is granted. The withdrawal is “with prejudice” to the applicant's rights to bring any future Application back to this Tribunal regarding the same issues raised in this current Application. In particular, the applicant would have to explain how such a future Application was timely and why it did not represent an abuse of the Tribunal’s process. The Tribunal has no jurisdiction to make any order about the applicant's rights in any other potential proceeding.