T.G. v. Toronto Community Housing Corporation, 2011 HRTO 692

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

T.G.

Applicant

-and-

Toronto Community Housing Corporation and Teresa Gibbs

Respondents

INTERIM decision

Adjudicator: Brian Eyolfson

Date: April 11, 2011

Citation: 2011 HRTO 692

Indexed as: T.G. v. Toronto Community Housing Corporation

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 January 29, 2010.

2On April 6, 2010, the Tribunal issued a Notice of Application, directing the respondents to file Responses to the Application with the Tribunal no later than 35 days from April 6, 2010. The respondents did not do so.

3In an earlier Interim Decision, dated July 21, 2010, 2010 HRTO 1580, the Tribunal directed the respondents to file Responses to the Application, within 10 days of the date of the Interim Decision, if they wished to participate in the proceedings. The Tribunal advised the respondents that, if they did not file Responses, the Tribunal may proceed without further notice to them and may take any or all of the other steps set out in Rule 5.5 of the Tribunal's Rules of Procedure.

4The organizational respondent ultimately filed a Response on August 16, 2010. Although the individual respondent, Teresa Gibbs, did not file a Response, it appears that the Tribunal's earlier Interim Decision was incorrectly addressed to her. Consequently, on January 12, 2011, the Tribunal re-sent the Application, the Tribunal's July 23, 2010 Interim Decision, and the organizational respondent's Response, to the individual respondent, and indicated that she could file a Response to the Application no later than January 24, 2011. To date, the individual respondent has not filed a Response.

5The individual respondent is reminded that 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 respondents without their participation. The individual 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.

6The Tribunal has a mailing address for the individual respondent. The Tribunal shall send a copy of this Interim Decision to the individual respondent by regular mail and courier.

7If the individual respondent wishes to participate in this proceeding, she shall file a Response within 10 days of the date of this Interim Decision, together with an explanation of why a Response was not filed in accordance with the earlier Notices of Application. If a Response is not received, the Tribunal may proceed without further notice to the individual respondent, and may take any or all of the steps set out in Rule 5.5.

8I am not seized of this matter.