Flora Tapia v. Jones Lang Lasalle Real Estate Services Inc., 2011 HRTO 1638

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Flora Tapia

Applicant

-and-

Jones Lang Lasalle Real Estate Services Inc.,

Shinol Inc., Honeywell ASCA Inc. and Mike Joly

Respondents

INTERIM decision

Adjudicator: Brian Eyolfson

Date: September 1, 2011

Citation: 2011 HRTO 1638

Indexed as: Tapia v. Jones Lang Lasalle Real Estate Services Inc.

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 June 30, 2011.

2On July 8, 2011, the Tribunal issued a Notice of Application to the respondents. The respondents were advised that they must file a Response to the Application with the Tribunal by no later than August 12, 2011.

3On August 11, 2011, the corporate respondent Shinol Inc. filed a Response to the Application.

4On August 12, 2011, the corporate respondent Jones Lang Lasalle Real Estate Services Inc. and the personal respondent Mike Joly filed a joint Response to the Application.

5As of the date of this Interim Decision, the corporate respondent Honeywell ASCA Inc. has not filed a Response, nor has the Tribunal’s correspondence to it 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 respondents without their participation. Honeywell ASCA Inc.’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 applicant has provided a mailing address and fax number for Honeywell ASCA Inc. The Tribunal shall send a copy of this Interim Decision to Honeywell ASCA Inc. by regular mail and courier at the address provided, and by fax.

8If Honeywell ASCA Inc. wishes to participate in this proceeding, a Response must be filed with the Tribunal no later than ten days from 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 Honeywell ASCA Inc. and may take any or all of the steps set out in Rule 5.5.

9The applicant and the responding parties have indicated their consent to engage in mediation and the Registrar will schedule a mediation in the normal course. In the Response, Honeywell ASCA Inc. is asked to indicate whether it also wishes to participate in the mediation session.

10I am not seized of this matter.