Mbiya Kabeya v. Halton Community Housing Corporation, 2011 HRTO 2079

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Mbiya Kabeya

Applicant

-and-

Halton Community Housing Corporation and Dan Miekle

Respondents

DECISION

Adjudicator: Sherry Liang

Date: November 17, 2011

Citation: 2011 HRTO 2079

Indexed as: Kabeya v. Halton Community Housing Corporation

1On October 13, 2010, the applicant filed an Application 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 race, colour, citizenship and receipt of public assistance in respect of housing.

2On March 11, 2011, the respondents filed a Response and in August 2011 they filed a Request for Summary Hearing. The respondents subsequently advised the Tribunal that the Request for Summary Hearing materials sent to the applicant had been returned as undeliverable.

3On September 8, 2011, the Tribunal sent an email to the applicant's representative and alternative contact person, Mulondo Kabuya, indicating that the Tribunal had attempted to contact the applicant at the phone number she had provided and that the number was out of service. The Tribunal requested that the applicant provide her up-to-date address and telephone number within 10 days. Neither the applicant nor her representative responded to the Tribunal's email.

4On October 31, 2011, the Tribunal issued a Case Assessment Direction ("CAD") directing the applicant to write to the Registrar and counsel for the respondents with her new address and telephone number by November 8, 2011. The CAD advised the applicant that failure to do so might be considered an abandonment of the Application and it might be dismissed for that reason. The CAD was sent to the applicant's representative and alternative contact person by email and by regular mail. Neither method of delivery has been returned as undeliverable.

5The applicant has not responded to the CAD and the time for doing so has now passed.

6In the circumstances, the applicant is deemed to have abandoned the Application.

7The Application is dismissed.