David Battle v. Her Majesty the Queen in right of Ontario as represented by the Minister of Community and Social Services, 2009 HRTO 826

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

David Battle

Applicant

-and-

Her Majesty the Queen in right of Ontario as represented by the Minister of Community and Social Services

Respondent

INTERIM decision

Adjudicator: Brian Cook

Date: June 11, 2009

Citation: 2009 HRTO 826

Indexed as: Battle v. Ontario (Community and Social Services)

1This Interim Decision deals with an Application under section 34 of the Human Rights Code, R.S.O. 1990, c. H.19 as amended, (the “Code”). The Application was filed on March 27, 2009, and alleges discrimination in the provision of goods and services on the grounds of disability.

2On April 8, 2009 the Tribunal issued a Notice to the respondent. The respondent was advised that a Response must be filed with the Tribunal not later than 35 days from April 8, 2009. As of the date of this Interim Decision, the respondent has not filed a Response, nor has the Tribunal’s correspondence been returned.

3The respondent has previously asked that the Tribunal provide a copy of any Application in which the Ministry is named as respondent to the Deputy Minister’s office. This was done in this case, to the address provided by the respondent. No Response or communication has been received from the Deputy Minister’s office.

4An application to the Tribunal starts a legal proceeding. A finding that a violation of the Code has occurred 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 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.

5The Tribunal shall send a copy of this Interim Decision to the respondent and to the Deputy Minister’s office by courier and fax.

6If the respondent wishes to participate in this proceeding, it must file a Response within ten days of the date of this Interim Decision, together with an explanation of why the Response was not filed in accordance with the April 8, 2009 Notice. If a Response is not received, the Tribunal may proceed without further notice to the respondent and may take any or all of the steps set out in Rule 5.5.

7I am not seized of this matter.