Yan Chen v. Oriental Food Mart (North York), 2012 HRTO 2282

Human Rights Tribunal of Ontario

B E T W E E N:

Yan Chen

Applicant

-and-

Oriental Food Mart (North York)

Respondent

INTERIM DECISION

Adjudicator: Jay Sengupta

Date: December 5, 2012

Citation: 2012 HRTO 2282

Indexed as: Chen v. Oriental Food Mart (North York)

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 July 31, 2012.

2On August 20, 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 September 24, 2012.

3The respondent requested an extension of time until December 17, 2012 to file the Response. By letter dated October 16, 2012 the Registrar granted an extension to file the Response until November 6, 2012.

4As of the date of this Interim Decision the respondent has not filed a Response, nor has the Tribunal’s correspondence to it 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 addresr for the respondent. The Tribunal shall send a copy of this Interim Decision to the respondent by regular mail.

7If the 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 and notice of extension of time to file a Response. 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.