HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Priscilla Matthews
Applicant
-and-
Simerra Property Management Inc., Baywood Homes and Simcoe Standard Condominium Corporation No. 338
Respondents
interim decision
Adjudicator: Keith Brennenstuhl
Indexed as: Matthews v. Simerra 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 September 18, 2009.
2On November 19, 2010, the Tribunal issued a Notice of Application to the respondent Simcoe Standard Condominium Corporation No. 338 (the Condominium Corporation). The Condominium Corporation was advised that a Response must be filed with the Tribunal not later than 35 days after November 19, 2010. As of the date of this Interim Decision the Condominium Corporation has not filed a Response, nor has the Tribunal’s correspondence been returned.
3An 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 Condominium Corporation’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.
4If the Condominium Corporation wishes to participate in this proceeding, it 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 Notice of Application. If a Response is not received, the Tribunal may proceed without further notice to the Condominium and may take any or all of the steps set out in Rule 5.5.
5I am not seized of this matter.
Dated at Toronto, this 10th day of January, 2011.
“signed by”
Keith Brennenstuhl
Vice-chair