Human Rights Tribunal of Ontario
B E T W E E N:
Wiford Shiell
Applicant
-and-
Corporation of the City of London, Voyageur Transportation Services and London Transit Commission
Respondents
INTERIM decision
Adjudicator: Kathleen Martin
Date: November 15, 2010
Citation: 2010 HRTO 2263
Indexed as: Shiell v. London (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 July 7, 2010.
2On October 4, 2010 the Tribunal issued a Notice of Application to the respondents advising that their Responses to the Application must be filed with the Tribunal not later than November 8, 2010.
3On November 8, 2010 the respondents The Corporation of the City of London and the London Transit Commission filed their Responses with the Tribunal. As of the date of this Interim Decision, the respondent Voyageur Transportation Services has not filed a Response, nor has the Tribunal’s correspondence to it been returned.
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 Voyageur Transportation Service’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 applicant has provided a mailing address for the respondent Voyageur Transportation Service. The Tribunal shall send a copy of this Interim Decision to Voyageur Transportation Service by regular mail and courier.
6If Voyageur Transportation Service 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 Voyageur Transportation Service, 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 15th day of November, 2010.
”signed by”_______________
Kathleen Martin
Vice-chair