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Uzoma Nwafor v. Wellesley Central Place and Louise Moran, 2011 HRTO 2197

December 6, 2011

Uzoma Nwafor v. Wellesley Central Place and Louise Moran, 2011 HRTO 2197

Case Summary

The applicant filed an application under section 34 of the Human Rights Code. The respondents failed to file a response by the deadline. The Tribunal issued an interim decision directing the respondents to file a response within 10 days, along with an explanation for the delay, warning that failure to do so could result in the Tribunal proceeding without further notice and deeming the allegations accepted.

Human Rights Tribunal of Ontario

B E T W E E N:

Uzoma Nwafor

Applicant

-and-

Wellesley Central Place and Louise Moran

Respondents

INTERIM decision

Adjudicator: Brian Cook

Date: December 6, 2011

Citation: 2011 HRTO 2197

Indexed as: Nwafor v. Wellesley Central Place

[1] The applicant filed this Application under section 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), on July 18, 2011.

[2] On August 29, 2011, the Tribunal issued a Notice of Application to the respondents in which it directed that a Response to the Application must be filed with the Tribunal not later than October 3, 2011.

[3] As of the date of this Interim Decision the respondents have not filed a Response, nor has the Tribunal’s correspondence to it been returned.

[4] An 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 respondents’ 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.

[5] The applicant has provided mailing and email addresses for the respondents. The Tribunal shall send a copy of this Interim Decision to the respondents by courier and email.

[6] If the respondents wish to participate in this proceeding, they 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 respondents and may take any or all of the steps set out in Rule 5.5.

[7] I am not seized of this matter.

Dated at Toronto, this 6^th day of December, 2011.

“Signed by”

Brian Cook

Vice-chair