HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
C.M. by his Next Friend K.M.
Applicant
-and-
Hockey Sushi and Ryan Po
Respondents
INTERIM DECISION
Adjudicator: Geneviève Debané Date: March 6, 2013 Citation: 2013 HRTO 368 Indexed as: C.M v. Hockey Sushi and Ryan Po
1This is an Application filed under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), alleging discrimination with respect to services because of disability.
2Sonia Philipsz filed a Response on behalf of both respondents on December 6, 2012.
3In a letter dated January 14, 2013, the Registrar returned to the respondents the Response on the basis that it was incomplete. In fact, other than providing contact information for the respondents and their representative this Response provided no meaningful defence or information in response to the allegations in the Application. The Registrar directed the respondents to file a new Response in its entirety by no later than February 3, 2013.
4As of the date of this Interim Decision no new Response has been filed by the respondents as directed by the Registrar and the matter is therefore undefended.
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 respondents’ 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 Tribunal shall send a copy of this Interim Decision directly to the respondents and their representative via courier, regular mail and email.
7If the respondents wish to participate in this proceeding, they shall file a completed Response within 21 days of the date of this Interim Decision. 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.
Dated at Toronto, this 6th day of March, 2012.
“signed by”
Geneviève Debané
Vice-chair