Farturn Muse v. Wingale Housing Cooperative, 2010 HRTO 1753

Human Rights Tribunal of Ontario

B E T W E E N:

Farturn Muse Applicant

-and-

Wingale Housing Cooperative Respondent

INTERIM DECISION

Adjudicator: Judith Keene Date: August 25, 2010 Citation: 2010 HRTO 1753 Indexed as: Muse v. Wingale Housing Cooperative

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 April 1, 2010.

2On July 7, 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 July 7, 2010. As of the date of this Interim Decision, the respondent has not filed a Response. The Tribunal's correspondence has not 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 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 Tribunal will send a copy of this Interim Decision to the respondent by regular mail and courier.

5If the respondent wishes to participate in this proceeding, it must file a Response by September 15, 2010, together with an explanation of why a Response was not filed in accordance with the Notice of Application and letter from the Registrar. 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.