Human Rights Tribunal of Ontario
B E T W E E N:
John Leonard Taccone
Applicant
-and-
Hannah Real Estate Group
Respondent
DECISION
Adjudicator: Geneviève Debané
Indexed As: Taccone v. Hannah Real Estate Group
1This Application was filed on February 4, 2009, pursuant to s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), against Hannah Real Estate Group alleging discrimination in housing on the basis of disability. The respondent has filed a Response denying the allegations in the Application. This Application has been scheduled for a hearing on the merits in Toronto on January 13, 2012.
2On November 25, 2011, the Tribunal issued a Case Assessment Direction directing the applicant to provide, by December 30, 2011, written submissions on whether in light of an agreement reached at the Landlord Tenant Board, the Application in whole or in part should be dismissed on the basis of section 45.1 of the Code, and/or because it would be an abuse of process, and/or because of estoppel. The Tribunal did not receive any submissions from the applicant.
3On December 5, 2011 the Tribunal issued a Case Assessment Direction (the “December CAD”) which directed the applicant, amongst other things, to comply with the Tribunal’s Rule to deliver and file all documents he intends to rely on at the hearing and a witness list and a summary of his witnesses’ evidence, by December 14, 2011. The applicant did not comply with this direction.
4On December 19, 2011, the Tribunal issued a Case Assessment Direction which states at paragraph 5:
The Tribunal directs the applicant to comply immediately with the Directions set out in the December CAD and confirm in writing to the Tribunal that he has done so by December 30, 2011. Failure to do so may result in cancellation of the hearing and dismissal of the Application as abandoned.
5As of this date, the applicant has not filed with the Tribunal any documents, list of witnesses and/or a summary of his witnesses’ evidence.
6In the circumstances, the applicant is deemed to have abandoned the Application.
7The Application is dismissed and the scheduled hearing date is therefore cancelled.
Dated at Toronto, this 5th day of January, 2012.
“Signed by”
Geneviève Debané
Vice-chair