Human Rights Tribunal of Ontario
B E T W E E N:
Robert Cashin
Applicant
-and-
260 Wellesley Street Residence Inc. and Douglas Sartell
Respondents
decision
Adjudicator: Keith Brennenstuhl
Indexed as: Cashin v. 260 Wellesley Street Residence
1This is an Application made under s. 34 of the Ontario Human Rights Code, R.S.O. 1990, c. H-19, as amended. The applicant has alleged discrimination on the basis of disability, creed, receipt of public assistance and reprisal, in housing. The hearing into this matter is scheduled for January 11, 2012.
2In a December 19, 2011, Case Assessment Direction (“CAD”) the Tribunal noted that the applicant had failed to comply with his obligations under Rules 16 and 17 to deliver to every other party and file with the Tribunal a witness list, witness statements and copies of documents that he intends to rely on no later than 45 days prior to the hearing. The CAD noted that if the applicant failed to file these materials within 10 days of the date of the CAD the Application may be dismissed as abandoned.
3I am satisfied that the Applicant had notice of the requirement to comply with the Tribunal’s direction regarding the production of documents and witness material or risk dismissal of his Application on the basis that it had been abandoned.
4The applicant has not complied with the Tribunal’s direction requiring him to file the materials noted nor has he communicated with the Tribunal to explain his inability to do so or to request an extension of the time limit stated in the CAD.
5In the circumstances and in view of the applicant’s non-compliance with the Tribunal’s direction, the Application is hereby dismissed as abandoned.
Dated at Toronto, this 6th day of January, 2012.
”signed by”____________
Keith Brennenstuhl
Vice-chair