HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Blair Whitaker
Applicant
-and-
Kwok Wai Too, Dora Lee and Stephen Chung
Respondents
INTERIM DECISION
Adjudicator: Keith Brennenstuhl Date: August 27, 2012 Citation: 2012 HRTO 1637 Indexed as: Whitaker v. Kwok Wai Too
1The applicant filed an Application under section 34 of Part IV of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), on December 8, 2011.
2On February 10, 2012, the Tribunal issued a Notice of Application to the respondents. The respondents were advised that they must file a Response to the Application by no later than March 16, 2012.
3On March 16, 2012, the respondents Kwok Wai Too and Dora Lee filed Responses to the Application.
4On May 10, 2012, the Tribunal issued an Interim Decision advising that if the respondent Stephen Chung wished to participate in this proceeding, a Response had to be filed with the Tribunal no later than ten days from the date of said Interim Decision.
5By email dated June 1, 2012, and copied to the applicant, the respondent Stephen Chung requested from the Tribunal an extension of time to file his Response.
6On June 13, 2012, the Tribunal advised the respondent by email that the Tribunal could not consider his request until the Tribunal received confirmation that the request had been copied to the other respondents.
7As of the date of this Interim Decision, the respondent Stephen Chung has not filed a Response and has not provided confirmation that his extension request was copied to the other respondents.
8The respondent Stephen Chung must file with the Tribunal no later than ten days from the date of this Interim Decision a Response together with an explanation why he failed to notify the other respondents of his extension request and why a Response was not filed in accordance with the Notice of Application. If the Response is not received the Tribunal may proceed without further notice to the respondent Stephen Chung and may take any or all of the steps set out in Rule 5.5 and as outlined in the Tribunal’s May 10, 2012 Interim Decision.
Dated at Toronto, this 27th day of August, 2012.
Signed by
__________________________________ Keith Brennenstuhl Vice-chair