Evgeny Kopylov v. Toronto Catholic District School Board, 2008 HRTO 350

Human Rights Tribunal of Ontario

B E T W E E N:

Evgeny Kopylov Applicant

-and-

Toronto Catholic District School Board Respondent

INTERIM DECISION

Adjudicator: Eric Whist Date: December 3, 2008 Citation: 2008 HRTO 350 Indexed as: Kopylov v. Toronto Catholic District School Board

1The applicant filed an Application under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended, (the "Code"), on September 2, 2008. On September 29, 2008, the Tribunal issued a Notice of Application and delivered the Application to the respondent by regular mail at the address provided by the applicant. The Notice directed the respondent to file a response with the Tribunal no later than thirty-five (35) days from the date of the Notice. Rule 1.22 of the Tribunal's Rules of Procedure confirms that a document delivered by mail is deemed received five days after the postmark date.

2It is now more than ten days after the date for filing the Response. The Toronto Catholic District School Board has not filed its Response or otherwise communicated with the Tribunal. The Tribunal's Notice has not been returned.

3A Tribunal application is a legal proceeding. If a violation of the Code is found the Tribunal may order a respondent to make monetary compensation or other forms of restitution to the applicant and to take steps to future promote compliance with the Code. Failure to file a Response may lead to orders against a respondent without their participation. The respondent's attention is drawn to Rule 5.5 of the Tribunal's Rules which reads as follows:

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 the name of a contact person for the corporate respondent, her title and department, and an address. The applicant has, however, indicated that he is not sure of the name of the individual. In the circumstances, the Tribunal shall send a copy of this decision to the department of the respondent named in the application, by regular mail, courier and fax. The Tribunal shall also send a copy by courier to the corporate respondent's legal department.

5If the respondent wishes to participate in this proceeding, a Response must be filed by December 11, 2008 together with an explanation why it was not filed in accordance with the deadline contained in the Notice of Application. If the Response is not received by this date, the Tribunal shall proceed without further notice to the Toronto Catholic District School Board and may take any or all of the other steps set out in Rule 5.5.

6I am not seized of this matter.