Peyman Heravi v. Homestarts Incorporated, 2013 HRTO 739

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Peyman Heravi

Applicant

-and-

Homestarts Incorporated,

Fife Road Co-operative Homes Inc. and Jorje Revos

Respondents

INTERIM DECISION

Adjudicator: Naomi Overend

Decision Date: May 2, 2013

Citation: 2013 HRTO 739

Indexed as: Heravi v. Homestarts Incorporated

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 21, 2012.

2On January 29, 2013 the Tribunal issued a Notice of Application to the respondents in which it directed that a Response to the Application must be filed with the Tribunal not later than March 5, 2013.

3On February 27, 2013 respondents’ counsel requested an extension of time to file the Response. By letter dated March 1, 2013 the Registrar granted an extension to file the Response until March 26, 2013.

4As of the date of this Interim Decision the respondents have not filed a 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 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 applicant has provided a mailing address for the respondents. The respondents’ counsel has provided an address, email and fax number to the Tribunal. The Tribunal shall send a copy of this Interim Decision to the respondents and their counsel by regular mail, fax and email.

7If the respondents wish to participate in this proceeding, they shall file a Response 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 Notice of Application and the extension. If a Response is not received, the Tribunal may proceed without further notice to the respondents and may take any or all of the steps set out in Rule 5.5.

8I am not seized of this matter.