Charles Payne v. Malden Park Continuing Care Centre and Community Care Access Centre Erie St. Clair, 2012 HRTO 1414

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Charles Payne

Applicant

-and-

Malden Park Continuing Care Centre and Community Care Access Centre Erie St. Clair

Respondents

DECISION

Adjudicator: Douglas Sanderson

Date: July 18, 2012

Citation: 2012 HRTO 1414

Indexed as: Payne v. Malden Park Continuing Care Centre

1This is an Application filed July 15, 2010, under section 34 of Part IV of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), alleging discrimination in housing and membership in a vocational association because of race, colour, disability and creed. The hearing of this matter was scheduled for March 20 and 21, 2012, in Windsor.

2Shortly before the commencement of the hearing, the applicant’s daughter contacted the Tribunal and advised that the applicant’s health prevented him from collecting evidence to support his case and he lost the assistance of his wife when she passed away last year. She also stated that the applicant’s health was too fragile to attend the hearing and, accordingly, the applicant no longer wished to pursue the Application.

3In a Case Assessment Direction (“CAD”) dated March 19, 2012, the Tribunal adjourned the hearing and directed the applicant to deliver to the respondents and file with the Tribunal a completed Request to Withdraw (Form 9) within 14 days of the date of the CAD. The CAD stated that the Tribunal may dismiss the Application as abandoned should the applicant not deliver and file a Request to Withdraw as directed.

4No Request to Withdraw has been filed and, sadly, the Tribunal has been informed that the applicant died recently. The Application is dismissed.