Riad v. Superior Court of Justice, 2012 HRTO 1462

Human Rights Tribunal of Ontario

B E T W E E N:

Nagy Faky Riad

Applicant

-and-

Superior Court of Justice, Hilda Litkee and Gerri Wyatt

Respondent

INTERIM DECISION

Adjudicator: David Muir

Decision Date: July 26, 2012

Citation: 2012 HRTO 1462

Indexed as: Riad v. Superior Court of Justice

1The applicant filed this Application under section 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), on February 11, 2011.

2On January 17, 2012 the Tribunal issued a Notice of Application to the corporate respondent in which it directed that a Response to the Application must be filed with the Tribunal not later than February 21, 2012.

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

4An 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 corporate 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.

5The applicant has provided an address and fax number for the corporate respondent. The Tribunal shall send a copy of this Interim Decision to the corporate respondent by regular mail and fax.

6If the corporate respondent wishes to participate in this proceeding, it shall file a Response with the Tribunal within 14 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 corporate respondent and may take any or all of the steps set out in Rule 5.5.

Other Matters

7In his Application the applicant identified Hilda Litkee and Gerri Wyatt, court staff, as respondents. Due to an administrative error these individuals have not been delivered copies of this Application and have not had an opportunity respond. A copy of the Application and a copy of the Tribunal’s file will be delivered to the individual respondents who will be required to file a Response within 35 days of receiving the Application in accordance with the Tribunal’s Rules.

8I am not seized of this matter.