Steven McKinnon v. Sheral Young, 2010 HRTO 399

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Steven McKinnon Applicant

-and-

Sheral Young Respondent

INTERIM decision

Adjudicator: Alison Renton Date: February 23, 2010 Citation: 2010 HRTO 399 Indexed as: McKinnon v. Young

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 October 14, 2009.

2On November 12, 2009 the Tribunal issued a Notice of Application to the respondent. The address to which it was sent included the term “Circle” as the street name, rather than “Circuit” as the applicant had identified on the Application. The respondent was advised that a Response must be filed with the Tribunal not later than 35 days after November 12, 2009.

3A Response was not filed by the respondent. On January 7, 2010 the Tribunal issued again a Notice of Application. The address to which it was sent was “Circuit” as the applicant had identified in the respondent’s address. The respondent was advised that a Response must be filed with the Tribunal not later than 35 days after January 7, 2010.

4On January 12, 2010, a person identifying themselves as the respondent called the Tribunal advising that she had received the November 12, 2009 Notice of Application and stated that she would be submitting a Response. However, as of the date of this Interim Decision the respondent has not filed a Response, nor has the Tribunal’s correspondence been retuned.

5An 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.

6The applicant has provided an address, phone number, and email address for the respondent. However, the applicant must confirm in writing within 5 days of the date of this Interim Decision the address of the respondent (including whether the street name should include the term circuit or circle). The Tribunal shall send a copy of this Interim Decision by email now and by regular mail and courier to the address provided by the applicant upon receipt of the same.

7If the respondent wishes to participate in this proceeding, it shall file a Response within 5 days from the date of the Interim decision, together with an explanation of why the Response was not filed in accordance with the Notices 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.

8I am not seized of this matter.