McPherson v. Hiuser, 2008 HRTO 164

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Lloyd Donoran Clint McPherson

Applicant

-and-

Jim Hiuser

Respondent

INTERIM DECISION

Adjudicator: David Muir

Date: October 16, 2008

Citation: 2008 HRTO 164

Indexed as: McPherson v. Hiuser

Human Rights Tribunal of Ontario

655 Bay Street, 14th Floor

Toronto, ON M7A 2A3

Phone (416) 314-8419 / Fax (416) 314-8743 / Toll free 1-866-598-0322

TTY (416) 314-2379 / (toll free) 1-800-424-1168

E-mail hrto.registrar-transition@ontario.ca

Website www.hrto.ca

1This is an Application filed September 29, 2008 under section 53(3) of Part VI of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”). On that day the Tribunal scheduled a mediation for November 26, 2008.

2The Statement of Delivery (Form C) filed with the Tribunal indicates that the applicant delivered the Application to the respondent on August 21, 2008. The respondent has not yet filed a Response (Form B) and has advised the Tribunal that he will not respond to the Application nor participate any further in the process. The Tribunal by letter dated September 29, 2008 advised the respondent that a Response must be delivered to the applicant and filed with the Tribunal on or before November 3, 2008.

3A Tribunal application is a legal proceeding, which, if a violation of the Code is found, may lead to various orders, including monetary compensation, other forms of restitution to the applicant, and orders to take action to promote compliance with the Code. Failure to file a response or participate in a Tribunal proceeding may lead to orders against respondents without their participation. The parties’ attention is drawn to Rule 3.2 of the Tribunal’s Rules of Procedure for Applications under Section 53(3) of the Human Rights Code, which reads as follows:

3.2 Where an Application (Form A) is delivered to a Respondent who does not respond to the Application, the Tribunal may:

a) deem the Respondent to have accepted all of the allegations in the Application, including the allegations set out in the complaint;

b) proceed to deal with the Application without further notice to the Respondent;

c) deem the Respondent to have waived all rights with respect to further notice or participation in the proceeding;

d) decide the matter based only on the material before the Tribunal.

4The applicant has provided an address for the respondent. The Tribunal shall send a copy of this decision to the respondent by courier.

5If the respondent wishes to participate in this proceeding, he shall file a response by November 3, 2008. If a response is received by that date the mediation should proceed as scheduled. If a response is not received the Tribunal may proceed without further notice to the respondent, and may take any or all of the other steps set out in Rule 3.2.

6I am not seized of this matter.