Cheryl Rak v. Ina Grafton Gage Home (Toronto), 2013 HRTO 124

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Cheryl Rak

Applicant

-and-

Ina Grafton Gage Home (Toronto), Peri Maher, Murray Cutler and David Marriott

Respondents

INTERIM DECISION

Adjudicator: Naomi Overend Date: January 23, 2013 Citation: 2013 HRTO 124 Indexed as: Rak v. Ina Grafton Gage Home (Toronto)

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 November 1, 2012.

2On November 21, 2012 the Tribunal issued a Notice of Application to the respondents in which it directed that a Response to the Application must be filed with the Tribunal not later than January 10, 2013.

3On January 12, 2013 the Tribunal received e-mail correspondence from an individual associated with the organizational respondent, which suggested that a letter was attached to the e-mail in response to the matter before the Tribunal. The Tribunal notified this individual on January 14, 2013 that no letter was attached to the e-mail correspondence. There has been no response to this e-mail.

4As of the date of this Interim Decision the respondents have 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 respondents 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 address for the respondents. The Tribunal shall send a copy of this Interim Decision to the respondents by regular mail. The Tribunal shall also send a copy of this Interim Decision to the individual associated with the organizational respondent to the e-mail address provided.

7If the respondents wish to participate in this proceeding, they 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 respondents and may take any or all of the steps set out in Rule 5.5.

8I am not seized of this matter.