Gerard O’Boyle v. Peel Condominium Corporation No. 37 and GSA Property Management, 2012 HRTO 1363

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Gerard O’Boyle

Applicant

-and-

Peel Condominium Corporation No. 37 and GSA Property Management

Respondents

DECISION

Adjudicator: David Muir

Date: July 10, 2012

Citation: 2012 HRTO 1363

Indexed as: O’Boyle v. Peel Condominium Corporation No. 37

Introduction

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 goods and services because of disability and receipt of public assistance.

2This case was scheduled for hearing on May 23, 2012. At the time and place set for the hearing, the applicant was not prepared to proceed and had not met his pre-hearing obligations to disclose to the respondents the materials upon which he was relying. In all of the circumstances the Tribunal determined that it was appropriate to adjourn the hearing.

3In a Case Assessment Direction (CAD) issued subsequent to the hearing, dated June 20, 2012 the Tribunal made direction to the parties. The respondents have complied with the Directions made to them.

4The applicant was directed to immediately deliver to every other party and to file with the Tribunal the materials required under Rules 16 and 17, and if he did not do so within 7 days of the date of the CAD, the Application may be dismissed as abandoned. The applicant has made no response of any kind to the CAD. In my view the applicant has failed to comply with the Tribunal’s Rules which required him to produce the materials he was relying upon prior to the May 23, 2012 hearing. He has subsequently failed to comply with the Directions made in the CAD of June 20, 2012. In all the circumstances it appears that the applicant has abandoned the Application and accordingly it must be dismissed.