Oscar Perez-Moreno v. Danielle Kulczycki, 2012 HRTO 2216

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Oscar Perez-Moreno

Applicant

-and-

Danielle Kulczycki

Respondent

INTERIM DECISION

Adjudicator: Brian Eyolfson

Date: November 27, 2012

Citation: 2012 HRTO 2216

Indexed as: Perez-Moreno v. Kulczycki

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 August 9, 2012.

2On September 11, 2012 the Tribunal issued a Notice of Application to the respondent in which it directed that a Response to the Application must be filed with the Tribunal not later than October 16, 2012.

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

4By email dated October 29, 2012, the applicant confirmed that the respondent’s mailing address was the same address that appeared on the Tribunal’s Notice of Application sent to the respondent on September 11, 2012.

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 a mailing for the respondent. The Tribunal shall send a copy of this Interim Decision to the respondent by courier and regular mail.

7If the respondent wishes to participate in this proceeding, she 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.