Brittany Anguish v. City of Hamilton, City Housing, 2012 HRTO 1791

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Brittany Anguish

Applicant

-and-

City of Hamilton, City Housing

Respondent

DECISION

Adjudicator: Eric Whist

Date: September 20, 2012

Citation: 2012 HRTO 1791

Indexed as: Anguish v. Hamilton (City)

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 in accommodation on the basis of disability.

2The Tribunal issued a Case Assessment Direction (“CAD”) on September 10, 2012 alerting the applicant to the fact that she had failed to comply with her obligations under Rules 16 and 17 of the Tribunal’s Rules of Procedure. Under Rules 16 and 17 the applicant was required to deliver to the respondent and file with the Tribunal a witness list, witness statements and copies of documents that she intends to rely on no later than 45 days prior to the hearing. The CAD directed the applicant to file these materials within seven days of the date of the CAD and indicated that otherwise the Application may be dismissed as abandoned.

3The applicant has not complied with the Tribunal’s direction to file the required materials nor has she communicated with the Tribunal to explain her inability to do so or to request an extension of the time limit stated in the CAD.

4I note that the Tribunal’s September 10, 2012 CAD was mailed to the applicant at the address provided by the applicant on her Application. The Tribunal has no information from the applicant to indicate that she has changed addresses. I am satisfied that the applicant has had notice to comply with the Tribunal’s direction regarding the production of documents and witness material or risk dismissal of her Application.

5In the circumstances and in view of the applicant’s non-compliance with the Tribunal’s direction, the Application is hereby dismissed as abandoned.