Smolak v. 1636764 Ontario, 2008 HRTO 379

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Patricia Harriet Smolak

Applicant

-and-

1636764 Ontario Ltd. o/a Mr. Sub and Masoud Khandemi

Respondents

INTERIM DECISION

Adjudicator: David Muir

Date: December 9, 2008

Citation: 2008 HRTO 379

Indexed as: Smolak v. 1636764 Ontario

1This is an Application filed September 22, 2008 under section 53(3) of Part VI of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”).

2The Statement of Delivery (Form C) filed with the Tribunal indicates that the applicant delivered the Application to the respondent on September 22, 2008. The respondent has not yet filed a Response (Form B) although advised by letter from the Tribunal dated October 3, 2008 that a response was due 35 days later. The respondent did not attend the mediation on November 24, 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 on or before December 24, 2008 with an explanation for why the Response was filed late. If a Response is not received by that time 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.