(Disponible en français)
The Human Rights Tribunal of Ontario (HRTO) has developed the following approach for Requests to Withdraw an Application. The HRTO may vary the approach where it considers appropriate (Rule A4.2).
The rules for withdrawal of an Application are found in Rule 10 of the Rules of Procedure. A Request to Withdraw an Application will only be considered if the request meets the requirements set out in Rule 10.
To withdraw an Application, the applicant must either:
Applicants should ensure that if they are not utilizing the Form 9, that their written communication to the HRTO expressing their intention to withdraw their Application is very clear.
For example: “I want to withdraw my Application (file #).”
If the Application has already been delivered to the respondent(s) with a Notice of Application when a Request to Withdraw is filed, the HRTO may seek submissions from the other parties, and the HRTO may set conditions on the withdrawal or deny the request.
NOTE: If the Application was filed on behalf of another person, the withdrawal request must include a completed Consent signed by that person. This requirement applies whether the request to withdraw is contained in a Form 9 or other written communication to the HRTO.
If the requirements for a request to withdrawal are met, the HRTO will administratively close the file as withdrawn and will confirm that this has been done in writing to the parties.
If the HRTO receives unclear written communication from the applicant which appears to be an attempt to request to withdraw their Application, the HRTO will provide the applicant an opportunity to confirm their intent to either withdraw or continue with their Application.
An applicant may request to withdraw claims made against one or more, but not all, respondents. This would remove those specific respondents from the file while the balance of the Application, with claims against any other respondent(s), would continue.
If an applicant wishes to withdraw against certain, but not all, respondents, they must ensure the Form 9 or other written communication to the HRTO very clearly identifies which respondent(s) the withdrawal applies to. If an applicant files a request to withdraw without specifying that they are only seeking to withdraw as against certain respondents, the request will be processed as a request to withdraw the entire Application.