Klopp-Straus v. Ontario Condominium Corporation OCC11, 2013 HRTO 1721

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Martha Klopp-Straus

Applicant

-and-

Ontario Condominium Corporation OCC11, Newton-Trelawney Property Management Company, Calvin Farrell and Asha Farrell

Respondents

INTERIM DECISION

Adjudicator: Alison Renton

Date: October 10, 2013

Citation: 2013 HRTO 1721

Indexed as: Klopp-Straus v. Ontario Condominium Corporation OCC11

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 July 8, 2013.

2On August 22, 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 26, 2013.

3On September 23, 2013 the corporate respondent, Newton-Trelawney Property Management Company filed a Response to the Application. On September 26, 2013, the corporate respondent Ontario Condominium Corporation OCC11 filed a Response and the personal respondent Asha Farrell filed a separate Response.

4As of the date of this Interim Decision the personal respondent Calvin Farrell 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 personal respondent Calvin Farrell’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 email address for the personal respondent Calvin Farrell. The Tribunal shall send a copy of this Interim Decision to the personal respondent at that address by regular mail, courier and email.

7If the personal respondent Calvin Farrell 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 personal respondent Calvin Farrell and may take any or all of the steps set out in Rule 5.5.

8I am not seized of this matter.