Lipton v. York Region Condominium Corporation No.834, 2013 HRTO 825

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Gregory Lipton by his Litigation Guardian Sidney Lipton

Applicant

-and-

York Region Condominium Corporation No. 834,

and Brookfield Residential Services Ltd.

Respondents

INTERIM DECISION

Adjudicator: Leslie Reaume

Date: May 16, 2013

Citation: 2013 HRTO 825

Indexed as: Lipton v. York Region Condominium Corporation No.834

1The Tribunal issued a Notice of Intention to Dismiss on March 22, 2013 in relation to the following issue:

It appears that the Application as against certain named respondents, Michelle Renee Divers, Karen Mergler, Andrea Neata, Morley Daiter, Geoffrey Karstadt, Bernard Lapidus, Jacob Gryn, Larry Tannenbaum may be outside the HRTO’s jurisdiction.

A review of the Application and the narrative setting out the incidents of alleged discrimination fails to identify any specific acts of discrimination within the meaning of the Code allegedly committed by these individuals.

2The Tribunal also issued the following Direction to the applicant:

You must provide written submissions explaining how each of these named individuals is alleged to have breached the Code. You must file your written submissions within thirty (30) days from March 22, 2013.

The HRTO will consider your submissions before deciding whether to dismiss or proceed with your Application as against (some or all of) the above named individuals. If you do not file written submissions by the required time the HRTO will make its decision based only on the information in your Application, or may consider the failure to respond as an abandonment of your Application as against the named individuals.

3The applicant did not respond and the time has now passed for doing so.

Order

4The Application is dismissed as abandoned as against Michelle Renee Divers, Karen Mergler, Andrea Neata, Morley Daiter, Geoffrey Karstadt, Bernard Lapidus, Jacob Gryn, Larry Tannenbaum.

5The style of cause of all future documents related to this matter, including this Interim Decision, will reflect the removal of these individuals from the Application.

6The parties will advise the Registrar within 7 days of the date of this Interim Decision whether or not they consent to participating in mediation, failing which, the Application will move to the next stage in the hearing process.

7I am not seized.