Columbia Washington v. Student Federation of the University of Ottawa, 2010 HRTO 510

Human Rights Tribunal of Ontario

B E T W E E N:

Columbia Washington

Applicant

-and-

Student Federation of the University of Ottawa, Andre Brazeau, Sylvia Lewis-Havard and Aurelien Leftick

Respondents

INTERIM DECISION

Adjudicator: Kaye Joachim

Date: March 8, 2010

Citation: 2010 HRTO 510

Indexed as: Washington v. Student Federation of the University of Ottawa

1This Application was filed June 16, 2009 under section 53(5) of Part VI of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the "Code").

2In an earlier Interim Decision, 2009 HRTO 2205 dated December 18, 2009, the Tribunal determined that in light of the respondents' failure to respond to the Application they were deemed to have accepted the applicant's facts as set out in the original complaint. A hearing was scheduled for May 3, 2010 to hear the applicant's further oral evidence and submissions.

3After the issuance of the December 18, 2009 Interim Decision, counsel for the respondents contacted the Tribunal to explain that they had not been aware of the Tribunal's previous communications or the requirement to file a Response. They have now filed a Response, together with an explanation for their failure to respond earlier. The applicant has not opposed the respondents' request to set aside the earlier Interim Decision.

4In all the circumstances, I am satisfied that the respondents have provided a reasonable explanation for their failure to respond and have submitted a serious response to the allegations of discrimination. In these circumstances, the Interim Decision of December 18, 2009 is set aside and the Tribunal will accept the respondents' Response.

5The respondents' counsel is directed to confirm whether they represent the personal respondents and if so, to provide a contact address for them. If not, the respondents' counsel is directed to provide the last known contact information for the personal respondents.

6The respondents' counsel has advised that they are not available on May 3, 2010 and have provided several alternative dates in May 2010. The Registrar-Transition will be in contact with the parties regarding the hearing date.

7I am not seized.