Ismet Zabelaj v. Toronto Community Housing Corporation, 2012 HRTO 2098

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Ismet Zabelaj

Applicant

-and-

Toronto Community Housing Corporation, Rebil Brown, Adam Durham and Barbara Frey

Respondents

DECISION

Adjudicator: Mary Truemner
Date: November 5, 2012
Citation: 2012 HRTO 2098
Indexed as: Zabelaj v. Toronto Community Housing Corporation

APPEARANCES

Ismet Zabelaj, Applicant
No one appearing

Toronto Community Housing Corporation, Rebil Brown, Adam Durham and Barbara Frey, Respondents
Gordon Steinberg, Representative

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 housing because of disability and receipt of public assistance and alleging reprisal. The hearing began on August 7, 2012, and the applicant completed his evidence, but the respondents’ evidence was not completed on that day, and a continuation was scheduled for October 19, 2012, commencing at 9:30 a.m.

2On October 19, 2012, the respondents appeared with their representative, but the applicant did not appear. By 10:00 a.m., the applicant had still not appeared and I took submissions from the respondents on how to proceed. They requested that I dismiss the Application as abandoned because the applicant failed to appear. I reserved my decision.

3As of October 22, 2012, the applicant had not communicated any explanation for his failure to appear at the hearing on October 19, 2012. I therefore issued a Case Assessment Direction (“CAD”) which was sent by regular mail and courier to the applicant.

4The CAD stated:

Given the evidence I received at the first day of the hearing, it is appropriate to provide the applicant with an opportunity to provide an explanation for his failure to attend if he wishes to proceed.

The applicant is therefore directed to provide, in writing, his confirmation that he wishes to proceed with the hearing as well as his explanation for failing to attend the hearing on October 19, 2012. If he has not done so by October 29, 2012, the Application will be dismissed as abandoned.

5The CAD sent by courier was returned to the Tribunal for the reason that the applicant refused to accept the CAD.

6As of today’s date, the applicant has not provided an explanation for his failure to attend the last day of hearing. I am satisfied that the applicant has abandoned the Application, and it is dismissed.