Terrance Brown v. The Ponderosa Nature Resort (Membership) New Country Investors, 2013 HRTO 568

Human Rights Tribunal of Ontario

B E T W E E N:

Terrance Brown

Applicant

-and-

The Ponderosa Nature Resort (Membership) New Country Investors, Lee Klauz and Linda Galfi

Respondents

DECISION

Adjudicator: Paul Aterman Date: April 8, 2013 Citation: 2013 HRTO 568 Indexed as: Brown v. The Ponderosa Nature Resort (Membership) New Country Investors

Introduction

1This Application was filed under s. 34 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.

2On November 29, 2012 the Tribunal issued a Case Assessment Direction informing the parties that a summary hearing would be held to determine whether the Application had any reasonable prospect of success.

3A Notice of the Summary Hearing was sent to the parties on January 25, 2013, advising them that the hearing would take place by teleconference on April 2, 2013. The notice was sent by the Tribunal by regular mail to the addresses provided by the parties. The notice warned the parties of the consequences of failing to attend the hearing, including the possibility that the Application could be declared abandoned if the applicant failed to attend. The notices were not returned to the Tribunal as undeliverable.

4Neither party attended the teleconference summary hearing at the scheduled time. The parties were given an additional half hour to dial in to the teleconference, but none did so. As the applicant failed to attend the hearing, I determine that in the circumstances the applicant has abandoned this Application.

order

5The Application is dismissed as abandoned.