Marquardt-Grainer v. Countrywide Action Realty, 2010 HRTO 885

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Hayden Marquardt-Grainer by his next friend Richard Grainer

Applicant

-and-

Countrywide Action Realty

Respondent

INTERIM decision

Adjudicator: Brian Eyolfson

Date: April 23, 2010

Citation: 2010 HRTO 885

Indexed as: Marquardt-Grainer v. Countrywide Action Realty

1The applicant filed an Application on February 26, 2010, on behalf of a minor, pursuant to section 34 of the Human Rights Code, R.S.O. 1990, c. H.19 as amended, (the "Code"). On March 1, 2010, the applicant also filed a Request to Expedite the Application ("Request"). On March 4, 2010, the Tribunal issued a Notice of Application and Request to Expedite Application to the respondent. On March 15, 2010, the respondent filed a Response to the Request. By Interim Decision, 2010 HRTO 654, the Tribunal granted the Request.

2In the Interim Decision, the Tribunal indicated that the Tribunal would consult with the parties to schedule a mediation on the earliest possible date, as the parties had indicated a willingness to participate in mediation. The Tribunal also indicated that the respondent was required to serve its Response to the Application in Form 2 by the earlier of 15 days prior to the date of mediation, or 35 days from the date the Application was delivered to it (the same deadline set out in the Notice of Application to the respondent). On April 12, 2010, the Tribunal issued a Notice of Mediation and indicated that a mediation was scheduled for May 5, 2010.

3As of the date of this Interim Decision, the respondent has not filed a Response, nor has the Tribunal's correspondence been returned, and the time for filing a Response has elapsed.

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 a mailing address and an email address of a contact person for the respondent. The Tribunal shall send a copy of this Interim Decision to the respondent by regular mail, courier and email.

6The respondent shall file a Response within 7 days of the date of this Interim Decision. 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.