Human Rights Tribunal of Ontario

B E T W E E N:

Ford Smith Applicant

-and-

Peel Standard Condominium Corporation No. 731, Peel Standard Condominium Corporation No. 766 and Jamin Islam Respondents

INTERIM DECISION

Adjudicator: Kathleen Martin Date: November 10, 2010 Citation: 2010 HRTO 2249 Indexed as: Smith v. Peel Standard Condominium Corporation No. 731

[1] The 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 15, 2010.

[2] On July 19, 2010, the Tribunal issued a Notice of Application to the respondent Peel Standard Condominium Corporation No. 731 (“PSCC No. 731”). The respondent PSCC No. 731 was advised that a Response must be filed with the Tribunal not later than 35 days from the date of that Notice.

[3] On August 23, 2010, the respondent PSCC No. 731 filed its Response to the Application and named Jamin Islam and Peel Standard Condominium Corporation No. 766 (“PSCC No. 766”) as additional respondents to the Application.

[4] On August 26, 2010, the Tribunal delivered the Application and Response filed by PSCC No. 731 to the additional respondents. They were directed to file a response with the Tribunal with 35 days of the date of the Notice.

[5] On September 14, 2010 the respondent Jamin Islam filed his response to the Application. As of the date of this Interim Decision, the respondent PSCC No. 766 has not filed a Response, nor has the Tribunal’s correspondence to it been returned.

[6] 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. PSCC No. 766’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.

[7] PSCC No. 731 has provided a mailing address for the Board of Directors of PSCC No. 766. The Tribunal shall send a copy of this Interim Decision to the PSCC No. 766 by regular mail and courier.

[8] If PSCC No. 766 wishes to participate in this proceeding, it 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 PSCC No. 766 and may take any or all of the steps set out in Rule 5.5.

[9] I am not seized of this matter.

Dated at Toronto, this 10th day of November, 2010.

“Signed by”

Kathleen Martin Vice-chair