HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
A.B.
Applicant
-and-
Havcare Investments Inc. and Marian Linton
Respondents
Interim Decision
Adjudicator: Geneviève Debané
Indexed As: A.B. v. Havcare Investments Inc.
1This is an Application filed on March 7, 2011 under section 34 of Part IV of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), alleging discrimination on the basis of age in housing by the individual respondent Marian Linton. On August 12, 2011, the Tribunal issued Interim Decision 2011 HRTO 1510 (the “August 2011 Interim Decision”), adding Havcare Investments Inc. as a respondent. In the August 2011 Interim Decision, the Tribunal directed the two respondents, Marian Linton and Havcare Investment Ltd., to file Responses within 35 days.
2On November 28, 2011, the Tribunal accepted the Response filed by Marian Linton which was faxed to the Tribunal from a fax number identified as (“Havcare”). However, the Response filed by Marian Linton does not clearly identify whether the Response is also being filed on behalf of the other respondent Havcare Investments Inc. Therefore, as of the date of this Interim Decision the respondent Havcare Investments Inc. has not filed a Response, nor has the Tribunal’s correspondence been returned.
3This Interim Decision is to deal with Havcare Investments Inc.’s failure to file a Response. 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. Rule 5.5 of the Tribunal’s Rules of Procedure 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 Response filed on behalf of Marian Linton was intended to also be filed on behalf of Havcare Investments Inc., Marian Linton must advise the Tribunal of this, within 21 days of the date of this Interim Decision, and this Response will be accepted by the Tribunal as the Response of both Marian Linton and Havcare Investments Inc. If the Response filed by Marian Linton was not intended to also be filed on behalf the respondent Havcare Investments Inc., and Havcare Investments Inc. wishes to participate in this proceeding, it shall file a Response within 21 days of the date of this Interim Decision together with an explanation of why its Response was not filed in accordance with the timelines set out in the August 2011 Interim Decision. If a Response is not received from Havcare Investments Inc., the Tribunal may proceed without further notice to it and may take any or all of the steps set out in Rule 5.5.
5The applicant has provided an address and phone number of a contact person for Havcare Investments Ltd. The Tribunal shall send a copy of this Interim Decision to the respondent by regular mail and courier.
6I am not seized.
Dated at Toronto, this 16th day of January, 2012.
“Signed by”
Geneviève Debané
Vice-chair