Cakmakci v. CAPREIT Limited, 2011 HRTO 1120

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Haluk Cakmakci

Applicant

-and-

CAPREIT Limited, Greenwin Property Management Inc. and Samantha Mashri

Respondents

DECISION

Adjudicator: Jay Sengupta

Date: June 8, 2011

Citation: 2011 HRTO 1120

Indexed as: Cakmakci v. CAPREIT Limited

APPEARANCES

Haluk Cakmakci, Applicant ) No One Appearing

CAPREIT Limited, Respondent ) Daniel R. MacDonald, Counsel

Greenwin Propery Management Inc. and ) Jennifer Heath, Counsel

Samantha Mashri, Respondents )

1This is an Application filed under section 34 of Part IV of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), alleging discrimination with respect to housing on the basis of place of origin, ethnic origin, disability and receipt of public assistance.

2In Case Assessment Directions dated February 17, 2011 and February 22, 2011, the Tribunal directed that a half-day summary hearing by teleconference be scheduled to address whether the Application has a reasonable prospect of success. A Notice of Summary Hearing by Conference Call (“Notice”) was sent to the parties by regular mail, on March 14, 2011. In the Notice, the Tribunal informed the parties that a conference call would be held on May 25, 2011, at 9:30 a.m. Due to the unavailability of counsel for two of the respondents, the teleconference was rescheduled and a further Notice sent out scheduling the matter for June 8, 2011, at 9:30 a.m. Neither Notice was returned as undeliverable.

3At the commencement of the teleconference on June 8, 2011, the representatives of all three respondents were present on the call; however, the applicant was not. The applicant was given an additional 15 minutes to join the call. At 9:45 a.m., the applicant was still not in attendance on the conference call, and the Tribunal has not otherwise heard from the applicant to date.

4Rule 3.13 of the Tribunal’s Rules of Procedure states:

Where a party has been notified of a hearing and fails to attend, the Tribunal may:

a) proceed in the party’s absence;

b) determine that the party is not entitled to further notice of the proceedings;

c) determine that the party is not entitled to present evidence or make submissions to the Tribunal;

d) decide the Application based solely on the materials before it;

e) take any other action it considers appropriate.

5The applicant commenced legal proceedings when he filed his Application with the Tribunal. It is the applicant’s responsibility to participate in these proceedings by taking the necessary steps to pursue it, including participating in a previously scheduled mediation and in this summary hearing. The applicant has not done so and I am satisfied that he had notice of the summary hearing by teleconference.

6In view of the applicant’s non-attendance at the summary hearing and the absence of any explanation for his absence, the Application is dismissed as abandoned.