M.K. v. W[…]’s Diner, 2010 HRTO 1358

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

M.K.

Applicant

-and-

W[…]’s Diner and K.P.

Respondents

INTERIM decision

Adjudicator: Brian Cook

Date: June 15, 2010

Citation: 2010 HRTO 1358

Indexed as: M.K. v. W[…]’s Diner

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 March 8, 2010.

2On April 30, 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 April 30, 2010. As of the date of this 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 contact information for the corporate respondent and the personal respondent. The Tribunal shall send a copy of this Interim Decision to the respondents by regular mail and courier.

5If the respondents wish to participate in this proceeding, they must file their Responses by July 5, 2010, together with an explanation of why the Response was not filed in accordance with the April 30, 2010 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.

6I am not seized of this matter.