Kiran Kapoor v. Coffee Time Donuts Incorporated and Najat Zahir, 2010 HRTO 1118

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Kiran Kapoor

Applicant

-and-

Coffee Time Donuts Incorporated and Najat Zahir

Respondents

INTERIM decision

Adjudicator: Brian Eyolfson

Date: May 19, 2010

Citation: 2010 HRTO 1118

Indexed as: Kapoor v. Coffee Time Donuts

1The applicant filed an Application under section 34 of the Human Rights Code, R.S.O. 1990, c. H.19 as amended (the “Code”), on November 24, 2009.

2On February 10, 2010, the Tribunal issued a Notice of Application to the respondents. The respondents were advised that a Response must be filed with the Tribunal not later than 35 days after February 10, 2010. As of the date of this Interim Decision the respondents have not filed a Response, nor has the Tribunal’s correspondence been returned.

3An 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 respondents’ 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.

4The applicant has provided mailing addresses for the respondents and a fax number and email address for the organizational respondent. The Tribunal shall send a copy of this Interim Decision to the respondents by regular mail and courier and, in addition, to the organizational respondent by fax and email.

5If the respondents wish to participate in this proceeding, they shall file a Response within 10 days of the date of this Interim Decision, together with an explanation of why a Response was not filed in accordance with the Notice of Application. If a Response is not received, the Tribunal may proceed without further notice to the respondents and may take any or all of the steps set out in Rule 5.5.

6I am not seized of this matter.