Samantha Scharf v. Electra Kiriakakis, Donna Kiriakakis, and Angelo Kiriakakis, 2011 HRTO 2278

Human Rights Tribunal of Ontario

B E T W E E N:

Samantha Scharf Applicant

-and-

Electra Kiriakakis, Donna Kiriakakis, and Angelo Kiriakakis Respondents

DECISION

Adjudicator: Michelle Flaherty Date: December 20, 2011 Citation: 2011 HRTO 2278 Indexed as: Scharf v. Kiriakakis

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”). The applicant alleges discrimination in housing on the basis of disability.

2In an earlier Interim Decision, the Tribunal denied the applicant’s request that the Application proceed based on written materials only: 2011 HRTO 2061. I held that, in the circumstances of this case, where the outcome will turn on which witness or witnesses’ version of the facts is preferred, the Tribunal could not fairly assess the credibility of all of the witnesses based on written materials. I also found that the medical evidence submitted by the applicant did not support her request for a hearing based on written materials only.

3The Interim Decision stated that, if the applicant wished to proceed with the Application, she must deliver to the respondent and file with the Tribunal written submissions regarding, among other things, any request for accommodation at the hearing of this matter. The Interim Decision indicated that if the applicant failed to deliver submissions as directed, the Tribunal could dismiss the Application as abandoned.

4The applicant has not filed submissions as directed in the Interim Decision and the time for doing so has elapsed. Accordingly, the Application is dismissed as abandoned.