Judy Atkinson v. Essex Condominium Corp. #5, 2009 HRTO 1087

Human Rights Tribunal of Ontario

B E T W E E N:

Judy Atkinson Applicant

-and-

Essex Condominium Corp. #5 Respondent

INTERIM DECISION

Adjudicator: Sheri D. Price

Date: July 21, 2009

Citation: 2009 HRTO 1087

Indexed as: Atkinson v. Essex Condominium Corp. #5

1This is an Application under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (‘the Code”) which alleges that the respondent discriminated against the applicant on the basis of disability and engaged in reprisals in respect of housing contrary to the Code.

2This Interim Decision addresses the respondent’s failure to file a Response to the Application.

3On May 21, 2009, the Tribunal sent the Application to the respondent 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.

4It has now been more than 10 days since the Response was due. The Tribunal has received no Response from the respondent, nor has its correspondence been returned.

5A 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 may lead to orders against respondents without further notice or their participation. The respondent’s 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.

6The Tribunal shall send a copy of this Interim Decision to the respondent by regular mail and fax at the contact information provided in the Application.

7If the respondent wishes to participate in this proceeding, it shall file a Response by July 31, 2009, together with an explanation why its Response was not filed by the deadline in accordance with the Tribunal’s Rules. If a Response is not received by this date, the Tribunal may proceed without further notice to the respondent and may take any or all of the other steps set out in Rule 5.5.

8I am not seized of this matter.