HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Maria Cruz

Applicant

-and-

Yonge-Steeles Ford Lincoln Sales Ltd. and Navin Kotecha Chopra

Respondents

INTERIM DECISION

Adjudicator: Eric Whist

Date: November 13, 2008

Citation: 2008 HRTO 259

Indexed as: Cruz v. Yonge-Steeles Ford Lincoln Sales

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 section 34 of Part IV of the Human Rights Code, R.S.O. 1990, c. H.19 as amended, (the “Code”) on September 23, 2008.

2The Tribunal issued a Notice of the Application on September 25, 2008 advising the respondents their Response must be filed with the Tribunal by October 30, 2008. As of the date of this decision the respondents have not filed a Response nor has the Tribunal’s Notice been returned.

3An application to the Tribunal starts 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.

4If the respondents wish to participate in this proceeding, they shall file a Response by November 24, 2008 together with an explanation why the Response was not filed in accordance with the September 25, 2008 Notice. If a Response is not received the Tribunal may proceed without further notice to any respondent who has not responded, and may take any or all of the other steps set out in Rule 5.5.

5The Tribunal shall send a copy of this decision to the respondents by courier and by regular mail.

6I am not seized of this matter.