Taylor v. Mallick, 2010 HRTO 1780

Human Rights Tribunal of Ontario

B E T W E E N:

Raphleta Taylor

Applicant

-and-

Shakil Mallick and Mirza Baig

Respondents

INTERIM DECISION

Adjudicator: Mary Truemner

Date: August 31, 2010

Citation: 2010 HRTO 1780

Indexed as: Taylor v. Mallick

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 December 17, 2009.

2On March 17, 2010, the Tribunal issued a Notice of Application to the respondents. The respondents were advised that a Response must be filed with the Tribunal no later than 35 days after March 17, 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 should note 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.

4In an Interim Decision, 2010 HRTO 1222, dated May 31, 2010, the Tribunal advised the respondents to file a Response by June 21, 2010, if they wished to participate in this proceeding. The applicant has since provided to the Tribunal a copy of a business card for one of the respondents that indicates an address that is different than the one indicated in the Application.

5The Tribunal shall deliver the Application to the respondents by regular mail and courier using the new address.

6If the respondents wish to participate in this proceeding, they shall file a Response by September 10, 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 respondents and may take any or all of the steps set out in Rule 5.5.

7I am not seized of this matter.