McKinnon v. Young, 2015 HRTO 387

Human Rights Tribunal of Ontario

B E T W E E N:

Steven McKinnon

Applicant

-and-

Sheral Young

Respondent

DECISION

Adjudicator: Mary Truemner

Date: March 25, 2015

Citation: 2015 HRTO 387

Indexed as: McKinnon v. Young

1This is an Application filed October 14, 2009 alleging discrimination on the basis of sexual orientation in housing under s.34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”).

2Hearing dates were rescheduled several times to accommodate illness, and many notices and directions sent to the parties to remind them of their obligations under the Tribunal’s Rules of Procedure to file documents ahead of the hearing in a timely way. More recently, a hearing was rescheduled for March 11, 2015.

3The Tribunal issued a Case Assessment Direction on February 25, 2015, (“the February CAD”) alerting the applicant and the respondent to the fact that they failed to comply with HRTO’s Rules of Procedure regarding pre-hearing disclosure of documents and witnesses. The Tribunal warned the applicant that if he did not file certain documents by March 4, 2015, and also deliver them to the respondent, the Application could be dismissed as abandoned. The applicant failed to file those documents by March 4, 2015, but, on March 9, 2015, the applicant requested an adjournment of the March 11, 2015 hearing date because he had the flu, and the Tribunal rescheduled the hearing for June 22, 2015.

4On March 19, 2015, the Tribunal issued another Case Assessment Direction, and warned the applicant that he must comply, on or before March 23, 2015, with the directions made in the February CAD. If he did not do so, then the Application may be dismissed as abandoned, and the June 22, 2015 hearing cancelled.

5It is now past the applicant’s deadline for complying with the Tribunal’s directions and the applicant has not filed the required materials with the Tribunal, nor has he communicated with the Tribunal.

6In the circumstances, it appears that the applicant has abandoned the Application. Accordingly, the Application is dismissed as abandoned.

ORDER

7The Application is dismissed as abandoned and the June 22, 2015 hearing date is cancelled.