Parker v. Mississauga (City), 2010 HRTO 2219

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Charlene Parker

Applicant

-and-

The Corporation of the City of Mississauga, Pam Hook, Mickey Frost, Rohan Abbey and Dara Marcoccia

Respondents

INTERIM DECISION

Adjudicator: Sherry Liang

Date: November 4, 2010

Citation: 2010 HRTO 2219

Indexed as: Parker v. Mississauga (City)

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 June 8, 2010.

2On September 14, 2010 the Tribunal issued a Notice of Application to the respondents. The respondents were advised that a Response must be filed with the Tribunal not later than October 20, 2010. Counsel for the corporate respondent and the personal respondents, Pam Hooke, Mickey Frost and Dara Marcoccia, sought and obtained an extension of time to file their Response to October 29, 2010. The response from these respondents was filed on that date.

3The representative for the personal respondent Rohan Abbey contacted the Tribunal on October 26, 2010 to advise that he would be seeking an extension of time to file a Response. However, as of the date of this Interim Decision there has been no request to extend the time for filing and no Response filed by this respondent. The Tribunal’s correspondence with this respondent has not been returned to it.

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 corporate respondents without their participation. The respondent Abbey’s 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 contact information for the respondent Abbey is given as the corporate address for Mississauga Transit. The Interim Decision will be mailed to the respondent Abbey at the Mississauga Transit address. The corporate respondent is also directed to immediately forward a copy of the Interim Decision to the respondent Abbey at his current address on record with it and to file a completed Form 23 with the Registrar confirming delivery.

6If the respondent Abbey wishes to participate in this proceeding, he 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 respondent Abbey and may take any or all of the steps set out in Rule 5.5.

7I am not seized of this matter.