Kong v. Del Property Management, 2011 HRTO 104

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Merg Kong

Applicant

-and-

Del Property Management Inc., TSCC 1959 Board and Stephanie Kirin

Respondents

INTERIM decision

Adjudicator: Kathleen Martin

Date: January 14, 2010

Citation: 2011 HRTO 104

Indexed as: Kong v. Del Property Management

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 August 25, 2010. This Interim decision addresses two preliminary issues arising in this Application.

2On September 21, 2010 the Tribunal issued a Notice of Application to the organization respondents. The respondents were advised that a Response must be filed with the Tribunal not later than October 25, 2010.

3On October 21, 2010 the organization respondents filed their Response. In their Response they named Stephanie Kirin as a personal respondent and Elizabeth Pomante as a person affected by the Application.

4On October 25, 2010 the Tribunal delivered a Notice to a Named Respondent to Ms. Kirin and advised her that she had 35 days from the date of the Notice to file a Response to the Application.

5As of the date of this Interim Decision the personal respondent has not responded to the Application. The Tribunal’s correspondence sent to her has not been returned.

6An 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 personal 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.

7The organization respondents have provided a mailing address for the personal respondent. The Tribunal shall send a copy of this Interim Decision to the personal respondent by regular mail and courier.

8If the personal respondent wishes to participate in this proceeding, she 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 personal respondent and may take any or all of the steps set out in Rule 5.5.

9As the organization respondents and the applicant have both indicated their consent to mediate the Application the registrar will schedule a mediation session in the normal course.

Notice to Affected Person

10On October 25, 2010 the Tribunal delivered a Notice to a Named Affected Person to Ms. Pomante advising that if she wished to participate in the proceeding she could deliver and file a Request to Intervene (Form 5) with the Tribunal. On November 25, 2010 Ms. Pomante filed a Response to Application (Form 2). The Registrar returned this document to her with further directions on filing a Request to Intervene.

11If Ms. Pomante wishes to participate in the proceeding she may deliver a Request to Intervene to all parties and file it with the Tribunal within 10 days of the date of this Interim Decision. If she does not file a Request by this date the Application will proceed without further notice to her.

12I am not seized of this matter.