Kaunda v. Niagara Neighbourhood Housing Cooperative Inc., 2017 HRTO 1599

Human Rights Tribunal of Ontario

B E T W E E N:

Malaika Kaunda

Applicant

-and-

Niagara Neighbourhood Housing Cooperative Inc.

Respondent

DECISION

Adjudicator: Jo-Anne Pickel
Date: December 1, 2017
Citation: 2017 HRTO 1599
Indexed as: Kaunda v. Niagara Neighbourhood Housing Cooperative Inc.

1The applicant filed an Application alleging that the respondent violated Human Rights Code, R.S.O. 1990, c. H. 19, as amended.

2On December 28, 2016, the Tribunal issued an Interim Decision, 2016 HRTO 1684. The Tribunal determined that the applicant’s representative was not entitled to represent her before the Tribunal pursuant to the Law Society’s By-Law 4. Consequently, that individual was removed as the applicant’s representative of record. The Tribunal sent a copy of the decision to the applicant and her previous representative. Next, the Tribunal directed the applicant to confirm that she received the documents, and confirm her contact information. It advised her that upon receipt of that information, the Tribunal would continue to process the Application. The Tribunal sent the correspondence to the email address, and mailing address that the applicant provided in her Application and at which she consented to receive correspondence from the Tribunal. The mail was not returned to the Tribunal as undeliverable.

3The applicant did not respond to the December 28, 2016 Interim Decision.

4By Case Assessment Direction (“CAD”) dated October 25, 2017, the Tribunal directed the applicant to confirm whether she intended to proceed with her Application. The Tribunal advised the applicant that it might dismiss her Application as abandoned if she did not reply to the CAD within 14 days. The Tribunal sent the CAD to the applicant by regular mail and email to the addresses she provided in her Application.

5The applicant did not respond to the CAD and the time for doing so has passed.

6In the circumstances, the applicant is deemed to have abandoned the Application.

ORDER

7For the reasons set out above, the Application is dismissed.