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Margaret Way v. Toronto District School Board and Wayne Kodje, 2010 HRTO 2117 — HRTO | minicounsel | minicounsel

October 20, 2010

Margaret Way v. Toronto District School Board and Wayne Kodje, 2010 HRTO 2117

Case Summary

The applicant filed an Application alleging a contravention of settlement under section 45.9 of the Human Rights Code. The respondents failed to file a Response within the required 14-day period. The Tribunal issued an interim decision directing the respondents to file a Response within 10 days, failing which the Tribunal may proceed without further notice and deem the respondents to have accepted the allegations.

Human Rights Tribunal of Ontario

B E T W E E N:

Margaret Way

Applicant

-and-

Toronto District School Board and Wayne Kodje

Respondents

INTERIM DECISION

Adjudicator: Kathleen Martin Date: October 20, 2010 Citation: 2010 HRTO 2117 Indexed as: Way v. Toronto District School Board

[1] The applicant filed an Application alleging a Contravention of Settlement under section 45.9 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the "Code"), on September 27, 2010. The applicant's Form 23 Confirmation of Delivery indicates the Application was sent to the respondents by mail on September 22, 2010. The Tribunal's Rule 1.22(a) states that delivery of a document by mail is deemed to have occurred on the fifth day after the postmark date.

[2] On September 28, 2010, the Tribunal issued a Confirmation of Receipt of the Application to the parties. The Confirmation confirmed that the respondents must deliver a Response to the Application to the applicant and file it with the Tribunal not later than 14 days after delivery of the Application.

[3] As of the date of this Interim Decision, the respondents have not filed a Response, nor has the Tribunal's correspondence been returned.

[4] An 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.

[5] The applicant has provided an address for the respondents. The Tribunal shall send a copy of this Interim Decision to the respondents by regular mail and courier.

[6] If the respondents wish to participate in this proceeding, they shall file a Response with the Tribunal within 10 days of the date of this Interim Decision, 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.

[7] I am not seized of this matter.

Dated at Toronto, this 20^th^ day of October, 2010.

"Signed by"

___________________________________

Kathleen Martin

Vice-chair