James Baker v. Carleton Condominium Corporation No. 431 and A.H. Fitzsimmons & Co. Ltd., 2013 HRTO 1648

Human Rights Tribunal of Ontario

B E T W E E N:

James Baker

Applicant

-and-

Carleton Condominium Corporation No. 431 and A.H. Fitzsimmons & Co. Ltd.

Respondents

INTERIM DECISION

Adjudicator: Brian Eyolfson

Date: October 2, 2013

Citation: 2013 HRTO 1648

Indexed as: Baker v. Carleton Condominium Corporation No. 431

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 August 7, 2013.

2On August 16, 2013 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 September 20, 2013.

3On September 18, 2013 the organizational respondent, Carleton Condominium Corporation No. 431, filed a Response to the Application.

4As of the date of this Interim Decision the organizational respondent, A.H. Fitzsimmons & Co. Ltd., 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 respondents without their participation. The attention of the respondent, A.H. Fitzsimmons & Co. Ltd., 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, A.H. Fitzsimmons & Co. Ltd. The Tribunal shall send a copy of this Interim Decision to the respondent, A.H. Fitzsimmons & Co. Ltd., by regular mail, courier, and fax.

7If the respondent, A.H. Fitzsimmons & Co. Ltd., wishes to participate in this proceeding, a Response must be filed with the Tribunal no later than 14 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, and may take any or all of the steps set out in Rule 5.5.

8The applicant and the responding respondent have indicated their consent to engage in mediation, and the Registrar will schedule mediation in the normal course. The respondent, A.H. Fitzsimmons & Co. Ltd., is asked to indicate in its Response whether it also wishes to participate in the mediation session.

9I am not seized of this matter.