HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Wing Kei Yeung

Applicant

-and-

Toronto Police Services Board and Piotr Kruczek

Respondents

INTERIM DECISION

Adjudicator: Sheri D. Price

Date: July 22, 2009

Citation: 2009 HRTO 1096

Indexed as: Yeung v. Toronto Police Services Board

[1] This 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 respondents discriminated against the applicant on the basis of race, colour, ancestry, place of origin, ethnic origin and sex in the provision of police services.

[2] This Interim Decision addresses the Toronto Police Services Board’s failure to file a Response to the Application.

[3] On May 7, 2009, the Tribunal sent the Application addressed to the institutional respondent, the Toronto Police Services Board, and the personal respondent by regular mail at the address for them 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.

[4] It has now been more than 10 days since the Response was due. The personal respondent, Mr. Kruczek, has filed a Response; the institutional respondent has not. The Tribunal’s correspondence to the institutional respondent has not been returned.

[5] A 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.

[6] The Tribunal shall send a copy of this interim decision by regular mail and courier to the attention of both Denise Campbell and the Unit Commander at the institutional respondent at the address provided in the Application, as well as to the Chief of Police of the Toronto Police Services Board and to the Legal Services Department, Office of the Chief of Police.

[7] If the institutional respondent wishes to participate in this proceeding, it shall file a Response by August 10, 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 institutional respondent and may take any or all of the other steps set out in Rule 5.5.

[8] I am not seized of this matter.

Dated at Toronto, this 22nd day of July, 2009.

“Signed By”

Sheri D. Price

Vice-chair