Mohit Bali v. Les Madhavji, 2012 HRTO 1822

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Mohit Bali

Applicant

-and-

Les Madhavji

Respondent

INTERIM DECISION

Adjudicator: Brian Eyolfson

Date: September 24, 2012

Citation: 2012 HRTO 1822

Indexed as: Bali v. Les Madhavji

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 November 17, 2011.

2On March 26, 2012 and April 25, 2012 the Tribunal sent a Notice of Application and a copy of the Application to the respondent. Each time, the package containing the Application was returned to the HRTO with a notation of “unclaimed”.

3On June 13, 2012 the Tribunal sent another Notice of Application to the respondent. In the Notice the Tribunal noted its prior attempts at sending a copy of the Application and stated that the HRTO “is re-sending only the Notice of Application to the respondents at this time. The Respondent must contact the HRTO and provide the HRTO with an address where the Application can be delivered.” The Notice of Application directed that a Response to the Application must be filed with the Tribunal not later than July 18, 2012.

4As of the date of this Interim Decision the respondent has not filed a Response, nor has the Tribunal’s correspondence of June 13, 2012 to him been returned.

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

7If the respondent wishes to participate in this proceeding, he 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 respondent and may take any or all of the steps set out in Rule 5.5.

8I am not seized of this matter.