Delores Talbot v. Peel Condominium Corporation No. 307, 2015 HRTO 1541

Human Rights Tribunal of Ontario

B E T W E E N:

Delores Talbot

Applicant

-and-

Peel Condominium Corporation No. 307

Respondent

DECISION

Adjudicator: Alison Renton Date: November 16, 2015 Citation: 2015 HRTO 1541 Indexed as: Talbot v. Peel Condominium Corporation No. 307

1This Application alleges discrimination with respect to housing because of race and disability contrary to the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”).

2A hearing is scheduled for November 19 and 20, 2015 pursuant to a Notice of Hearing dated May 8, 2015 (“the Notice”). The Notice set out the parties’ disclosure obligations pursuant to Rules 16 and 17 of the Tribunal’s Rules of Procedure (“the Rules”).

3At the time the Notice was issued by the Tribunal, the applicant was represented by the Human Rights Legal Support Centre (“HRLSC”). By email dated June 12, 2015, the HRLSC advised that it was no longer representing the applicant.

4The respondent has complied with its disclosure obligations pursuant to the Tribunal’s Rules, but the applicant has not.

5The Tribunal issued a Case Assessment Direction, dated October 27, 2015 (“the October CAD”), directing the applicant to comply with her disclosure obligations by November 3, 2015, and warning that there would be serious consequences if she did not comply. The October CAD was sent by regular mail and to the email address the applicant provided on her Application, and neither were returned to the Tribunal. The applicant did not comply or otherwise communicate with the Tribunal.

6The Tribunal issued another Case Assessment Direction, dated November 9, 2015 (“the November CAD”), directing the applicant to comply with her disclosure obligations by November 13, 2015 at 5:00 p.m. The Tribunal warned that if the applicant did not comply with this directive, her Application would be dismissed as abandoned. The November CAD was sent to the applicant by regular mail and the email the applicant provided on her Application. The Tribunal also contacted the HRLSC to confirm the applicant’s current mailing and email addresses. The HRLSC confirmed the same mailing address and provided a new email address. The October CAD and the November CAD were also sent to the applicant at the new email address.

7The applicant still has not complied with the directives set out in the CADs or otherwise communicated with the Tribunal.

8The respondent emailed the Tribunal on November 16, 2015, copying the applicant, advising that it still had not received any disclosure, communications, or response from the applicant. The respondent requests that the Application be dismissed.

9In light of the applicant’s failure to comply with the directions in the Notice, the October CAD, and the November CAD, the Tribunal dismisses the Application as abandoned. The November 19 and 20, 2015 hearing dates are hereby cancelled.