Blair Whitaker v. Kwok Wai Too, Dora Lee and Stephen Chung, 2012 HRTO 948

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Blair Whitaker

Applicant

-and-

Kwok Wai Too, Dora Lee and Stephen Chung

Respondents

INTERIM decision

Adjudicator: Brian Eyolfson

Date: May 10, 2012

Citation: 2012 HRTO 948

Indexed as: Whitaker v. Kwok Wai Too

1The applicant filed an Application under section 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), on December 8, 2011.

2On February 10, 2012 the Tribunal issued a Notice of Application to the respondents. The respondents were advised that they must file a Response to the Application with the Tribunal by no later than March 16, 2012.

3On March 16, 2012 the respondents Kwok Wai Too and Dora Lee filed Responses to the Application.

4As of the date of this Interim Decision the respondent Stephen Chung has not filed a Response, nor has the Tribunal’s correspondence 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 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 address and a fax number for the respondent Stephen Chung. The Tribunal shall send a copy of this Interim Decision to Mr. Chung by regular mail, courier, and fax.

7If the respondent wishes to participate in this proceeding, a Response must be filed with the Tribunal no later than ten days from 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 Stephen Chung and may take any or all of the steps set out in Rule 5.5.

8I am not seized of this matter.