Human Rights Tribunal of Ontario
B E T W E E N:
Jordan Mondor
Applicant
-and-
Peterborough Housing Corporation, Laurena Peterson, Phillip Peterson, Deboraha McIlmoyle and James Quinn
Respondents
INTERIM DECISION
Adjudicator: Naomi Overend
Date: May 8, 2012
Citation: 2012 HRTO 925
Indexed as: Mondor v. Peterborough Housing Corporation
[1] he applicant filed an Application alleging discrimination in housing on the basis of disability, sexual orientation and age contrary to the Human Rights Code, R.S.O. 1990, c. H-19, as amended (the “Code”). The Application names one organizational respondent and several individuals as respondents, some of whom have been removed as parties.
[2] Of the remaining respondents, James Quinn is the only individual to have failed to file a Response to the Application. On March 23, 2012, the Tribunal issued an Interim Decision directing Mr. Quinn to file a Response by April 13, 2012 together with an explanation of why the Response was not filed in accordance with the Notice of Application. No Response was received from this respondent and the time for doing so has since passed.
[3] In the Interim Decision, Mr. Quinn was warned:
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.
[4] Mr. Quinn was also warned that if the Tribunal did not receive a Response from him, it might take any or all of the steps set out in Rule 5.5. Accordingly, the Tribunal deems the respondent, James Quinn, to have waived all rights with respect to further notice or participation in the proceeding.
[5] I am not seized of this matter.
Dated at Toronto this 8th day of May, 2012.
“signed by”
Naomi Overend
Vice-chair