Wanigasekera v. Hydro One Brampton Networks, 2009 HRTO 1856

Editor’s Note: Erratum released on December 3, 2010 by email, by the court. Original judgment has been corrected.

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Amindra Wanigasekera

Applicant

-and-

Hydro One Brampton Networks Inc., Jamie Gribbon, Tony Paul and Ana Dinins

Respondents

INTERIM DECISION

Adjudicator: Kaye Joachim

Date: November 3, 2009

Citation: 2009 HRTO 1856

Indexed as: Wanigasekera v. Hydro One Brampton Networks

1This Application was filed June 26, 2009 under section 53(5) of Part VI of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”).

2The Tribunal granted an extension of 30 days, until September 6, 2009 for the respondents to file a Response. The respondents have not filed a Response. 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 or participate in a Tribunal proceeding may lead to orders against individual and corporate respondents without their participation. The respondents’ attention is drawn to Rule 3.2 of the Tribunal’s Rules of Procedure for Transitional Applications under Section 53(3) and 53(5) of the Human Rights Code, which reads as follows:

3.2 Where an Application (Form A or Form TR-1)) 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.

3If the respondents intend to participate in these proceedings, they shall file their responses within 14 days of the date of this Interim Decision, together with an explanation why their responses should be accepted at this time.

4I am not seized.