Yong Xian Li v. University Health Network, 2013 HRTO 359

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Yong Xian Li

Applicant

-and-

University Health Network

Respondent

-and-

Canadian Union of Public Employees, Local 5001

Intervenor

INTERIM DECISION

Adjudicator: David Muir

Decision Date: March 1, 2013

Citation: 2013 HRTO 359

Indexed as: Xian Li v. University Health Network

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 December 29, 2011.

2On July 13, 2012 the respondent filed a Response requesting the dismissal of the Application on the basis that another proceeding had appropriately dealt with the substance of the Application. A preliminary hearing on this issue was held and on December 4, 2012 the Tribunal issued an Interim Decision, 2012 HRTO 2260, dismissing the respondent’s request and ordering the respondent to file a full Response addressing all of the allegations in the Application within 14 days of the Interim Decision. By emails dated December 18, 2012 and January 9, 2013 the respondent’s representative requested an extension to this deadline to file a full Response.

3The Tribunal granted these requests for extensions and by email dated January 10, 2013 the Tribunal directed a deadline of February 4, 2013 to complete and file the full Response to the Application.

4As of the date of this Interim Decision the respondent has not filed the full 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 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.

6The respondent’s representative has provided her address, fax and email contact information. The Tribunal shall send a copy of this Interim Decision to the respondent’s representative by courier, fax and email.

7If the respondent wishes to participate in this proceeding, it shall file a full Response addressing all of the allegations in the Application 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 deadline directed by the Tribunal in its email dated January 10, 2013. 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.

8I am not seized of this matter.