Craig v. Kenron Residents Association, 2014 HRTO 453

Human Rights Tribunal of Ontario

B E T W E E N:

Clifford Craig

Applicant

-and-

Kenron Residents Association

Respondent

DECISION

Adjudicator: Naomi Overend Decision Date: April 1, 2014 Citation: 2014 HRTO 453 Indexed as: Craig v. Kenron Residents Association

1The applicant filed an Application under s. 45.9(3) of the Human Rights Code, R.S.O. 1990, c. H.19 as amended, on October 17, 2013.

2On January 16, 2013, the Tribunal sent a Notice of Hearing to the parties, following a Case Assessment Direction, issued on November 18, 2013. This Direction stated that the parties must deliver to each other and file with the Tribunal, no later than 28 days before the hearing, the following materials:

• a list of all documents the parties intend to rely on at the hearing;

• a copy of each document on that list;

• a witness list that includes the name of every witness;

• a statement summarizing the expected evidence of each witness;

3The applicant did not comply with this direction. Moreover, the applicant’s former counsel wrote a letter to the Tribunal advising it no longer represented the applicant as it had been unable to contact the applicant or otherwise get instructions. It would appear that the contact information for the applicant supplied to the Tribunal in this Application is no longer valid. Rule 1.13 of the Tribunal’s Rules of Procedure requires the parties to maintain updated contact information.

4The Tribunal issued a second Case Assessment Direction on March 21, 2014, advising the parties of these issues, and directing the applicant to file his documents by March 28, 2014. This Direction was sent to the applicant directly. The applicant did not respond to this Direction and the time for so doing has now passed.

5The applicant was advised that failure to respond might be considered an abandonment of the Application and it might be dismissed for that reason. In the circumstances, the applicant is deemed to have abandoned the Application.

6The Application is dismissed and the April 9, 2014 hearing date is cancelled.