Human Rights Tribunal of Ontario
B E T W E E N:
Wanda Acton Applicant
-and-
Pasquale (Patrick )Del Duca Respondent
INTERIM DECISION
Adjudicator: Eric Whist Date: January 14, 2010 Citation: 2010 HRTO 60 Indexed as: Acton v. Del Duca
1The applicant filed an Application under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended, (the “Code”), on May 6, 2009. The Application alleges the respondent refused to rent to the applicant a house he owned on the grounds that the applicant was in receipt of public assistance.
2On August 5, 2009 the Tribunal issued a Notice of Application (the “Notice”) and sent the Notice and Application to the respondent by regular mail at the address provided by the applicant. However, the envelope addressed to the respondent and containing the Notice and Application was returned to the Tribunal with a handwritten statement that “no-one hereby that name”.
3On September 15, 2009 the applicant wrote to the Tribunal to confirm she did believe that the respondent’s home address was as provided in her Application and at the same time providing a work address for the respondent. The applicant provided telephone numbers for both addresses.
4The Tribunal called both telephone numbers. The telephone number associated with the residence address appeared to be a business number. The person answering the phone at the work address confirmed that the respondent was employed by that business. Consequently, on October 22, 2009 the Tribunal again issued a Notice of Application and delivered the Application to the respondent by regular mail at the work address.
5A Notice of Application directs a respondent to file the Response with the Tribunal no later than thirty-five (35) days from the date of the Notice. Rule 1.22 of the Tribunal’s Rules of Procedure confirms that a document delivered by mail is deemed received five days after the postmark date. The deadline for the respondent to file his Response has passed. However, the respondent has not filed his Response or otherwise communicated with the Tribunal. The Tribunal’s Notice of Application dated October 22, 2009 has not been returned.
6A Tribunal application is a legal proceeding. If a violation of the Code is found the Tribunal may order a respondent to make monetary compensation or other forms of restitution to the applicant and to take steps to future promote compliance with the Code. Failure to file a Response may lead to orders against a respondent without their participation. The respondents’ attention is drawn to Rule 5.5 of the Tribunal’s Rules which reads as follows:
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.
7If the respondent wishes to participate in this proceeding, his Response must be filed by February 1, 2010 together with an explanation as to why it was not filed in accordance with the deadline contained in the October 22, 2009 Notice of Application. If the Response is not received by this date, the Tribunal may proceed without further notice to the respondent and may take any or all of the other steps set out in Rule 5.5.
8A copy of this Interim Decision will be sent to the respondent by regular mail and by courier to the work address provided by the applicant.
9I am not seized of this matter.
Dated at Toronto this 14th day of January, 2010.
“Signed By”
_____________________________________
Eric Whist
Vice-chair