Kohli v. Awan, 2010 HRTO 1720

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Vandana Kohli

Applicant

-and-

Malik Awan and Shafiq Bajwa

Respondents

INTERIM decision

Adjudicator: Ena Chadha

Date: August 20, 2010

Citation: 2010 HRTO 1720

Indexed as: Kohli v. Awan

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 10, 2010, alleging discrimination with respect to employment on the basis of sex.

2On March 16, 2010, the Tribunal issued a Notice of Application to the respondents. The respondents were advised that a Response (Form 2) must be filed with the Tribunal not later than 35 days from May 10, 2010. On June 16, 2010, the Tribunal received the respondents’ response; however the document was submitted on the incorrect form. On July 2, 2010, the Tribunal notified the respondents that their response could not be processed due to the incorrect form. The Tribunal directed the respondents to complete and file a Form 2 Response on or before July 22, 2010.

3On July 16, 2010, a contact individual on behalf of the respondents’ representative wrote to the Tribunal seeking an extension of time to file a Response because the respondents’ representative was on vacation. The Tribunal granted the respondents an extension of time until July 30, 2010 to file their Form 2 Response with the Tribunal.

4As of the date of this Interim Decision, the respondents have not filed a Form 2 Response, nor further corresponded or communicated with the Tribunal.

5An 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 organizational 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.

6The applicant has provided an address and e-mail address for the respondents. The Tribunal also has the email address of the person representing the respondents. The Tribunal shall send a copy of this Interim Decision to the respondents’ representative by regular mail, fax, and email.

7If the respondents wish to participate in this proceeding, they shall file a Form 2 Response within 14 days of the date of this Interim Decision, together with an explanation of why the Response was not filed in accordance with the July 30, 2010 deadline. If a Form 2 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.

8I am not seized of this matter.