HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Robert Savage
Applicant
-and-
London & Middlesex Housing Corporation
Respondent
INTERIM DECISION
Adjudicator: Dawn J. Kershaw
Indexed as: Savage v. London & Middlesex Housing Corporation
WRITTEN SUBMISSIONS
Robert Savage, Applicant ) Self-represented
London Middlesex Housing Corp., ) Mark Melchers, Council
Respondent )
Introduction
1This Application alleges reprisal and discrimination with respect to housing because of race, disability, creed, sex, marital status and age contrary to the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”).
2In April, 2015, the respondent requested more detail with respect to the applicant’s allegations.
3On May 12, 2015 the Tribunal ordered the applicant to provide more details with respect to his allegations. Specifically, the Tribunal ordered the applicant to provide by May 22, 2015 the following additional information in support of his Application:
The names of the people who told him he could not have a bigger apartment;
When the applicant requested a bigger apartment;
How the applicant requested a bigger apartment [i.e. in writing or in person or some other way];
What threats the applicant alleges the respondent’s representatives made to him;
Where and when they made the threats;
Who told the applicant they would not comply with his disabilities because he is a male of North American descent;
When they told the applicant they would not comply with his disabilities because he is a male of North America descent;
Who refused to fix the applicant’s toilet and when.
Any further details of the discrimination the applicant alleges happened from 2005 to the date he filed his Application.
4The applicant did not provide the information by May 22, 2015, but sent an e-mail on May 19, 2015 making reference to his disabilities and an upcoming medical appointment and asking for an extension of time.
5In response to not receiving the applicant’s particulars, on May 27, 2015, the respondent requested that the Tribunal dismiss the Application because the applicant did not give the information he was ordered to give by May 22, 2015. The applicant had until June 10, 2015 to respond to that request, but has not done so.
6On June 5, 2015, the applicant filed a medical note that was not completely legible, but the applicant in his accompanying e-mail said he now was cleared by his doctor to be able to use his computer.
7It appears to the Tribunal that because the applicant could not use his computer for a time, he was requesting more time to give the Tribunal the details it ordered him to give.
8Because the applicant can now use his computer, the Tribunal will extend the time for him to give the more detailed information as set out in paragraph 3, above. He should send this information to the Tribunal and to the respondent by no later than June 24, 2015.
9If the applicant does not have names of the people who told him things he alleges were discriminatory, he should at least tell the Tribunal more detail about what happened and why the applicant alleges the events were discriminatory. He should at least tell the Tribunal where he was when the events happened and when they allegedly happened.
Pre-hearing Disclosure
10The Notice of Hearing set out timelines for the parties to provide to each other and to the Tribunal:
a list of the witnesses each of them intends to call at the hearing of the Application;
witness statements describing what the witnesses will say when they testify; and
copies of the documents they intend to rely upon at the hearing.
11The parties were to deliver their arguably relevant documents to each other by January 14, 2015.
12The parties were to deliver their documents for use at the hearing, their list of witnesses and their witness statements to each other and the Tribunal by June 1, 2015.
13Because of the order for the applicant to provide particulars of his allegations, the timelines for providing documents is amended, as set out in paragraphs 14(c) and (d), below.
order and next steps
14The Tribunal makes the following orders:
a) The applicant shall deliver to the respondent, and file with the Tribunal along with a Form 23 Statement of Delivery evidencing delivery on the respondent, further information with respect to his allegations as set out in paragraph 3, above, by no later than June 24, 2015;
b) The respondent shall deliver to the applicant, and file with the Tribunal along with a Form 23 Statement of Delivery evidencing delivery on the applicant, any amended Response it wishes to provide with respect to the above-noted particularized allegations within 7 days of its receipt of those particularized allegations;
c) The applicant and the respondent shall deliver to each other their arguably relevant documents and file with the Tribunal a Form 23 Statement of Delivery evidencing delivery of same by no later than July 6, 2015; and
d) The applicant and the respondent shall deliver to each other and to the Tribunal the documents upon which they intend to rely at the hearing by no later than July 13, 2015 and shall file with the Tribunal a Form 23 Statement of Delivery, evidencing delivery of the documents on each other.
15If the applicant does not provide to the respondent and to the Tribunal the particulars of his allegations as set out in paragraph 14, above, by June 24, 2015, his Application may be dismissed as abandoned.
16If the applicant does not communicate with the Tribunal at all by June 24, 2015, his case may be dismissed as abandoned.
17The parties shall attend the hearing date on July 16, 2015, at which time any further preliminary issues will be dealt with, including any requests for an adjournment.
Dated at Toronto, this 17^th^ day of June, 2015.
“signed by”
Dawn J. Kershaw
Vice-chair