Human Rights Tribunal of Ontario
Between:
Christine Tidgwell Applicant
-and-
Skyline Management Incorporated Respondent
And Between:
Christine Tidgwell Applicant
-and-
Jennifer Zwicker Respondent
Interim Decision
Adjudicator: Sherry Liang Date: April 20, 2012 Citation: 2012 HRTO 808 Indexed as: Tidgwell v. Skyline Management Incorporated
Reasons for Decision
1The applicant filed Application 2011-10231-I under section 34 of the Human Rights Code, R.S.O. 1990, c. H.19 as amended, (the "Code") on November 8, 2011 (the "November Application"). The respondent, Skyline Management Incorporated ("Skyline") filed a Response, and the applicant then filed a Reply. The applicant alleges discrimination in housing based on receipt of public assistance and association with a person identified by a ground under the Code, and is based on events in February 2011 when the applicant sought to rent an apartment from the respondent.
2On February 8, 2012, the applicant filed Application 2012-10881-I (the "February Application") based on the same events, naming as the respondent an individual who had been employed with Skyline as a property manager at the time of the events (Jennifer Zwicker). According to Skyline's Response, Ms. Zwicker is no longer employed by it.
3On my review of the Applications, it appears that the applicant decided to file the February Application after receiving the Response from Skyline, although she could have instead filed a request to amend the November Application to add an additional respondent. Although there are two separate Applications, it seems fair and practical to deal with them together as they arise out of the same events and involve the same applicant. The Tribunal will therefore deal with the two Applications together unless an objection is received from any party.
4On February 16, 2012, the Tribunal issued a Notice of Application to the respondent Zwicker. The respondent was advised that a Response must be filed with the Tribunal by March 22, 2012. As of the date of this Interim Decision the respondent has not filed a Response, nor has the Tribunal's correspondence with the respondent been returned to it.
5The Tribunal asked the applicant to provide any alternative address for the respondent in her knowledge, and the applicant advised that she had no contact information other than that provided in the Application.
6An 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 Zwicker'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.
7The applicant has provided an address for the respondent Zwicker. The Tribunal shall send a copy of this Interim Decision to the respondent Zwicker by regular mail and courier.
8If the respondent Zwicker wishes to participate in this proceeding, she shall file a Response by April 30, 2012, 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.
9In the November Application, the parties have agreed to mediation. The Tribunal will schedule both matters for mediation together. Any outstanding issues regarding the participation or non-participation of the respondent Zwicker will be dealt with following mediation if necessary.
10I am not seized of this matter.
Dated at Toronto, this 20th day of April, 2012.
"signed by"
Sherry Liang Vice-chair