Truong v. Modular and Custom Cabinets, 2013 HRTO 228

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Maria Yeung on behalf of Dan Truong

Applicant

-and-

Modular and Custom Cabinets

Respondents

INTERIM decision

Adjudicator: David Muir

Date: February 7, 2013

Citation: 2013 HRTO 228

Indexed as: Truong v. Modular and Custom Cabinets

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 September 26, 2012.

2On November 27, 2012 the Tribunal issued a Notice of Application to the respondent. The respondent was advised that it must file a Response to the Application with the Tribunal by no later than January 9, 2013.

3As of the date of this Interim Decision the respondent has not filed a Response, nor has the Tribunal’s correspondence to it 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:

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.

5The applicant has provided a mailing address for the respondent. The Tribunal shall send a copy of this Interim Decision to the respondent at that address by regular mail.

6If the respondent 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.

7The applicant has indicated his consent to engage in mediation. In the Response the respondent is asked to indicate whether it also wishes to participate in the mediation session. If so, the Registrar will schedule a mediation in the normal course.

8I am not seized of this matter.