Kuan-chin Chen v. Floor and Wall Studio, 2009 HRTO 129

Human Rights Tribunal of Ontario

B E T W E E N:

Kuan-chin Chen Applicant

-and-

Floor and Wall Studio Respondent

INTERIM DECISION

Adjudicator: Brian Cook Date: February 4, 2009 Citation: 2009 HRTO 129 Indexed as: Chen v. Floor and Wall Studio

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 December 6, 2008. The Application identifies Floor and Wall Studio as the respondent. The respondent is a retail store and the applicant alleges that the respondent discriminated against her when she attempted to enter the store on December 6, 2008.

2On December 16, 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.

3It is now more than ten days after the date for filing the Response. The respondent has not filed its Response or otherwise communicated with the Tribunal. The Tribunal’s Notice has not been returned.

4A 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 promote future 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.

5The applicant has provided an address for the respondent. The Tribunal shall send a copy of this Interim Decision to the respondent by regular mail and courier.

6If the respondent wishes to participate in this proceeding, a Response must be filed by February 20, 2009.

7The respondent may wish to consult the Tribunal’s website: www.hrto.ca. The website includes information for applicants and respondents, including a Respondent’s Guide, which is found under the New Applications tab on the web site. A copy of the Guide may also be requested from the Tribunal Registrar.

8If the Response is not received 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.

9I am not seized of this matter.