Maria Graciela Montgomery v. Secure Capital Inc. and Joshua Singal, 2016 HRTO 12

Human Rights Tribunal of Ontario

B E T W E E N:

Maria Graciela Montgomery

Applicant

-and-

Secure Capital Inc. and Joshua Singal

Respondents

DECISION

Adjudicator: Jay Sengupta

Date: January 6, 2016

Citation: 2016 HRTO 12

Indexed as: Montgomery v. Secure Capital Inc.

Introduction

1This Application alleges discrimination with respect to housing and contract because of disability contrary to the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”). The Application was filed on October 30, 2015.

2Although the applicant’s response to question 7 of the Application indicated that the last incident of discrimination occurred on October 31, 2014, a review of the Application did not make clear what incident of discrimination occurred on that date.

3On November 17, 2015, the Tribunal issued a Notice of Intent to Dismiss the Application (“NOID”) on the basis that the Application appeared to be outside the Tribunal’s power to decide. The applicant was directed to respond to the issues raised in the NOID by no later than December 17, 2015. The NOID advised the applicant that failure to respond to the NOID may be considered an abandonment of the Application and it might be dismissed for that reason.

4The applicant has not responded to the NOID and the time for doing so has now passed.

5In the circumstances, the applicant is deemed to have abandoned the Application.

6The Application is dismissed.