Moore v. MADY Development Corporation, 2016 HRTO 1067

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Greg Moore

Applicant

-and-

MADY Development Corporation

Respondent

DECISION

Adjudicator: Laurie Letheren Date: August 11, 2016 Citation: 2016 HRTO 1067 Indexed as: Moore v. MADY Development Corporation

WRITTEN SUBMISSIONS

Greg Moore, Applicant Maseeh Sidky, Counsel

MADY Development Corporation, Respondent No one appearing

1The applicant filed this Application alleging discrimination with respect to housing because of disability contrary to the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”). On November 25, 2014, the parties attended mediation at the Tribunal offices and reached a settlement. No Form 25 was signed that day, but subsequently, on December 2, 2014, the applicant executed a Form 25 and sent it in to the Tribunal.

2The respondent, however, did not send in a Form 25, and did not respond to the Registrar’s inquiry regarding it that was sent on December 9, 2014. On February 17, 2015, the Registrar sent a follow-up email to counsel for the respondent, and on March 2, 2015, the Registrar sent anotherletter by email and regular mail.

3Counsel for the respondent forwarded the Registrar’s February 17, 2015 email to the Trustee for 144 Park Ltd. The Trustee, in turn, forwarded a copy of an Order to the Tribunal appointing it Trustee under the under the Construction Lien Act, R.S.O, 1990, c. C.30 as amended (the “Order”). Paragraph 10 of the Order states that “no Proceeding against or in respect of the Applicant or the Property … shall be commenced or continued except with written consent of the Trustee or with leave of the Court.”

4On March 31, 2015, the Tribunal sent a Case Assessment Direction (CAD) directing the parties and/or the Trustee to advise of the relationship between the respondent and 144 Park Ltd; the status of the mediation between the parties; and the intentions of the applicant in pursing this Application.

5On July 16, 2015, the applicant advised the Tribunal that he was commencing a proceeding in the Superior Court of Justice for the determination of settlement of this Application. The Appliant requested that this Application be deferred and not dismissed without notice until the Court proceeding is completed.

6The Tribunal deferred the Application on August 26, 2015.

7On June 7, 2016, the Tribunal mailed a letter to the parties in which it requested the applicant to advise the Tribunal of the status of the Court proceeding by July 7, 2016. The letter warned the applicant that failing to respond may result in the Application being dismissed as abandoned.

8On July 13, 2016, the Tribunal emailed a further notice to the parties in which it extended the time for the applicant to advise the Tribunal of the status of the Court proceeding to July 25, 2016.

9To date, the applicant has not provided an update on the status.

10In the circumstances, the applicant is deemed to have abandoned the Application.

11The Application is dismissed.