Aidarov v. Swansea Village Cooperative Inc., 2010 HRTO 2484

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Mars Aidarov

Applicant

-and-

Swansea Village Cooperative Inc.

Respondent

INTERIM decision

Adjudicator: Ena Chadha

Date: December 15, 2010

Citation: 2010 HRTO 2484

Indexed as: Aidarov v. Swansea Village Cooperative

1This Application was filed under section 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), on September 8, 2010. The Tribunal delivered the Application to the respondent on October 28, 2010. The Notice of Application directed the respondent that a Response must be filed with the Tribunal by December 2, 2010.

2By letter dated December 2, 2010, counsel for the respondent’s insurer wrote the Tribunal requesting clarification about the identity of the respondent. The Registrar responded on December 7, 2010, confirming that the only entity specifically named as a respondent in the Application is Swansea Village Cooperative.

3As of the date of this Interim Decision, the respondent 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’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 an address and a fax number for the respondent. The Tribunal shall send a copy of this Interim Decision to the contact person for the respondent named in the Application by regular mail, courier and fax, and to counsel for the respondent’s insurer by regular mail and courier.

6If the respondent 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 and may take any or all of the steps set out in Rule 5.5.

7I am not seized of this matter.