Human Rights Tribunal of Ontario
B E T W E E N:
Prashant Kumar
Applicant
-and-
Toronto Police Service
Respondent
INTERIM DECISION
Adjudicator: Ena Chadha
Indexed as: Kumar v. Toronto Police Service
1The applicant filed an Application under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended, (the “Code”), on July 2, 2013.
2On July 4, 2013, the Tribunal issued a Notice of Application and delivered the Application to the respondent by regular mail at the address provided by the applicant. The Notice directed the respondent to file a response with the Tribunal no later than thirty-five (35) days from the date of the Notice.
3As of the date of this Interim Decision the respondent has not filed a Response, nor has the Tribunal’s correspondence to been returned.
4An 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:
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.
5The applicant has identified a contact person within the respondent organization. As such, the Tribunal shall send a copy of this Interim Decision to the respondent and the respondent’s contact person by courier and by regular mail.
6If the respondent wishes to participate in this proceeding, a Response must be filed by 14 days from the date of this interim decision together with an explanation why it was not filed in accordance with the deadline contained in the Notice of Application. If the Response is not received by this date, the Tribunal shall proceed without further notice to the respondent and may take any or all of the other steps set out in Rule 5.5.
7I am not seized of this matter.
Dated at Toronto, this 8th day of October, 2013.
“signed by”
Ena Chadha
Vice-chair