Human Rights Tribunal of Ontario
B E T W E E N:
Nicole Lamanna
Applicant
-and-
Home Pro Exterior Services
Respondent
DECISION
Adjudicator: Eric Whist Date: August 21, 2013 Citation: 2013 HRTO 1430 Indexed as: Lamanna v. Home Pro Exterior Services
Written submissions
Home Pro Exterior Services, Respondent ) Allison MacSporran, 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 in accommodation on the basis of disability.
2The Tribunal issued a Case Assessment Direction (“CAD”) on August 7, 2013, 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.
4The respondent has filed submissions requesting that the Application be dismissed given the applicant’s failure to comply with the Tribunal’s directions.
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 21^st^ day of August, 2013.
“Signed by”
________________________________
Eric Whist
Vice-chair