Faye Rhonda Stanley v. Toronto Police Service, 2008 HRTO 166

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Faye Rhonda Stanley

Applicant

-and-

Toronto Police Service, PC Wojtkiewicz, PC Francis Yung, Detective Indrek Esken, and PC Roger Mayers

Respondents

INTERIM DECISION

Adjudicator: Naomi Overend

Date: October 20, 2008

Citation: 2008 HRTO 166

Indexed as: Stanley v. Toronto Police Service

Human Rights Tribunal of Ontario

655 Bay Street, 14^th Floor

Toronto ON M7A 2A3

Phone (416) 326-1312 / 1-866-598-0322 Fax (416) 326-2199 / 1-866-355-6099

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

E-mail hrto.registrar@ontario.ca

Website www.hrto.ca

1The applicant filed an Application under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended, (the “Code”), dated July 10, 2008. On August 13, 2008, the Tribunal sent the Application to the respondents by regular mail at the address provided by the applicant, together with a direction to respond no later than thirty five (35) days from that date, in accordance with the Tribunal rules. Under Rule 1.22 of the Tribunal’s Rules of Procedure, a document delivered by mail is deemed received five days after the postmark date.

2It has now been more than ten days since the response was due. The Tribunal has received no response from the respondents, nor has its correspondence been returned.

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 individual and corporate respondents without their participation. The respondents’ attention is drawn to Rule 5.5 of the Tribunal’s Rules of Procedure, which reads as follows:

5.5 Where an Application 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;

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, phone number, and fax number of a contact person for the respondents. The Tribunal shall send a copy of this decision to the respondents by courier and fax, and a copy by courier to the Office of the Chief of Police, and the City Solicitor.

5If some or all the respondents wish to participate in this proceeding, a response must be filed by October 27, 2008, together with an explanation of why the response was not filed by the deadline in accordance with the Tribunal rules. If a response is not received by this date, the Tribunal shall proceed without further notice to a respondent who has failed to respond, and may take any or all of the other steps set out in Rule 5.5.

6I am not seized of this matter.