Human Rights Tribunal of Ontario
B E T W E E N:
C.L. by his next friend L.L.
Applicant
-and-
Town of Cochrane
Respondent
INTERIM DECISION
Adjudicator: Ena Chadha
Indexed as: CL v. Cochrane (Town)
1This Application was filed under section 34 of the Human Rights Code, R.S.O. 1990, c. H.19 as amended, (the "Code") on April 16, 2009, alleging discrimination in the area of services, goods and facilities on the basis of disability.
2On July 13, 2010, the Tribunal issued a Notice of Application to the respondent. The respondent was advised that a Response (Form 2) must be filed with the Tribunal no later than 35 days from July 13, 2010. The respondent contacted the Tribunal and requested an extension of time in order to translate the Application, which is in French. The Tribunal granted the respondent's request and an extension of time was allowed until September 8, 2010 to file the Form 2 Response.
3As of the date of this Interim Decision, the respondent has not filed a Form 2 Response, nor further corresponded or communicated with the Tribunal.
4An 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.
5The Tribunal shall send a copy of this Interim Decision to the respondent's representative by regular mail and fax.
6If the respondent wishes to participate in this proceeding, it shall file a Response, along with an explanation for the delay, within 14 days of the date of this Interim Decision. 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.
7I am not seized of this matter.
Dated at Toronto, this 28^th^ day of September, 2010.
"signed by"_____________
Ena Chadha
Vice-chair