Samoila v. Laviolett, 2009 HRTO 2202

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Mihai Samoila

Applicant

-and-

Clifford Laviolett

Respondent

INTERIM DECISION

Adjudicator: Michelle Flaherty

Date: December 17, 2009

Citation: 2009 HRTO 2202

Indexed as: Samoila v. Laviolett

1This is an Application under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended, (the "Code"). The purpose of this Interim Decision is to address the respondent's failure to file a Response to the Application.

2Prior to filing the Application, the applicant filed a complaint against the respondent with the Hamilton Police Service ("Police"). Pursuant to an Interim Decision, 2009 HRTO 1506, the Police provided information to the applicant and the Tribunal regarding the respondent's last known address.

3On October 2, 2009, the Tribunal mailed a Notice of Application to the parties confirming receipt of this Application and advising the respondent that he had 35 days from October 2, 2009, to file a Response to the Application with the Tribunal. The Notice has not been returned to the Tribunal. The 35 day period for filing a Response has expired and, to date, no Response has been filed.

4A Tribunal application is a legal proceeding and, if a violation of the Code is found, it 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.

5The respondent's attention is drawn to Rule 5.5 of the Tribunal's Rules which states:

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 Interim Decision will be sent to the respondent by courier and regular mail.

7If the respondent wishes to participate in this proceeding, he shall file a Response within 10 days of receipt of this Interim Decision together with an explanation of why the 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.

8The 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's Registrar.

9I am not seized of this matter.