HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Ranpreet Randhawa

Applicant

-and-

Carmelita Flaim

Respondent

INTERIM decision

Adjudicator: Jay Sengupta

Date: June 2, 2010

Citation: 2010 HRTO 1242

Indexed as: Randhawa v. Flaim

[1] The 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 16, 2009.

[2] On January 18, 2010, the Tribunal issued a Notice of Application to the respondent. The respondent was advised that a Response must be filed with the Tribunal not later than 35 days after January 18, 2010. As of the date of this Interim Decision the respondent has not filed a Response, nor has the Tribunal’s correspondence been returned. The respondent has communicated with the Tribunal by email indicating that although she did receive the package sent by the Tribunal, the address to which the Application was sent is incorrect. The Tribunal requested that she provide her correct address and directed her to the Tribunal’s website.

[3] An 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.

[4] The applicant has provided an address, phone number, and email address for the respondent. The respondent has confirmed the email address is correct. The Tribunal shall send a copy of this Interim Decision to the respondent by email.

[5] If the respondent wishes to participate in this proceeding, she shall file a Response by June 11, 2010, together with an explanation of why the 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 respondent and may take any or all of the steps set out in Rule 5.5.

[6] I am not seized of this matter.

Dated at Toronto, this 2^nd^ day of June, 2010.

”signed by”___________

Jay Sengupta

Vice-chair