Human Rights Tribunal of Ontario
B E T W E E N:
Samantha Scharf
Applicant
-and-
Electra Kiriakakis, Angelo Kiriakakis and Donna Kiriakakis
Respondents
INTERIM DECISION
Adjudicator: Naomi Overend
Indexed as: Scharf v. Kiriakakis
1The applicant filed this Application on December 16, 2009, under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), alleging discrimination on the basis of disability and reprisal in housing. The Application was served on the respondents and Responses have been filed with the Tribunal.
2The purpose of this Interim Decision is to address the applicant’s Request for Order During Proceedings (“Request”) to defer her Application. The applicant explains that the basis for her Request is her inability to currently handle the stress involved in filing a Reply and otherwise continuing with the proceedings. She states that she is experiencing a high risk pregnancy, ongoing mental illness and hardship arising from her “recent homelessness.”
3The Form 23 accompanying the Request indicates that the respondents were served with the Request by regular mail sent April 23, 2010. The Tribunal has not received any response to the Request.
4In light of the dire state of affairs asserted by the applicant, it would be appropriate to hold this matter in abeyance. However, given the Tribunal’s mandate to proceed in a fair, just and expeditious manner, it would not be appropriate to hold this matter in abeyance indefinitely. Unfortunately, the applicant provided no information with respect to how far along she is in her pregnancy and when she hopes and/or anticipates her mental health issues will abate or her homeless situation resolve. This makes it difficult to choose a fixed time period.
5Having regard to all the circumstances, the Tribunal will extend the deadline for receipt of the applicant’s Reply and take no further steps in this matter for a period of six months or until the applicant advises the Tribunal and other parties that she is fit to resume participation in the process, whichever is sooner.
6If the applicant does not communicate with the Tribunal on or before November 22, 2010, this Application may be dismissed as abandoned.
7I am not seized of this matter.
Dated at Toronto, this 20th day of May, 2010.
“Signed by”
Naomi Overend
Vice-chair