Zvonimir Basic v. Wynn Family Properties, 2009 HRTO 815

Human Rights Tribunal of Ontario

B E T W E E N:

Zvonimir Basic

Applicant

-and-

Wynn Family Properties

Respondent

INTERIM DECISION

Adjudicator: David A. Wright Date: June 10, 2009 Citation: 2009 HRTO 815 Indexed as: Basic v. Wynn Family Properties

INTRODUCTION

1This is an Application filed on January 16, 2009 under section 34 of Part IV of the Human Rights Code, R.S.O. 1990, c. H.19 as amended, (the "Code"), alleging discrimination in housing on the ground of disability.

2On May 21, 2009, the Tribunal issued an Interim Decision, 2009 HRTO 672 (the "May 2009 decision"), finding that the respondent was deemed to have accepted all the facts alleged in the Application and was deemed to have waived its right to participate in the proceedings before the Tribunal. The Tribunal took these extraordinary steps, pursuant to Rule 5.5, because the respondent had failed to file its Response, notwithstanding that it had been directed to do so in a letter from the Registrar delivering the Application and in another Interim Decision, 2009 HRTO 489. As a result, the Tribunal set a timetable for the applicant to provide further documents and submissions, and to advise whether he wished to make oral submissions before the Tribunal finally determined the Application.

3On June 4, 2009, the Tribunal received facsimile correspondence from counsel retained by the respondent, which indicated that he had recently been provided with the May 2009 decision and that Mr. Wynn had recently returned from Israel. The June 4, 2009 facsimile does not appear to have been copied to the applicant, as required by the Tribunal's Rules.

4In the circumstances, and in view of the May 2009 decision, the Tribunal is not prepared at this point to determine whether any material filed by the respondent will be considered, or whether it will be permitted to participate in these proceedings. Should the respondent wish to participate, it must, no later than June 15, 2009, deliver to the applicant and file with the Tribunal:

a. a complete Form 2;

b. full submissions setting out its position on the extent of its right to participate in these proceedings. The submissions must include an explanation as to why it failed to file its Response earlier, as required by the Rules and as directed by the Tribunal; any facts upon which its relies; and legal argument in support of its proposed right to participate.

5The May 2009 decision directed that the applicant file any additional materials he wished the Tribunal to consider and to advise whether he sought to make oral submissions. The applicant has advised that he wishes to make oral submissions by telephone. In view of the above, the direction to file additional materials shall be held in abeyance. The applicant is direct to deliver to the respondent, and file with the Tribunal, no later than June 26, 2009, response submissions to the submissions provided by the respondent as set out above. The respondent will have until July 3, 2009 to deliver and file a reply.

6The Tribunal may determine the right of the respondent to participate in these proceedings based only on the written submissions of the parties. If any party believes that the Tribunal should hear oral submissions on this issue, they should so indicate in their written submissions, and provide reasons why they believe oral submissions are necessary.

7I am not seized.