Siahaan v. Via Verde Hydroponics Ltd., 2017 HRTO 1223

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Torkis Siahaan

Applicant

-and-

Via Verde Hydroponics Ltd., AHWBC Canada Limited o/a AC County Income Tax also o/a AHW Business Service, Nehwin Wanhar, Abdullah Waing, Aji Suroto, Dudy Supriyadi, Eris Trisnandar and Efendy

Respondents

INTERIM DECISION

Adjudicator: Jennifer Khurana

Date: September 19, 2017

Citation: 2017 HRTO 1223

Indexed as: Siahaan v. Via Verde Hydroponics Ltd.

WRITTEN SUBMISSIONS

Via Verde Hydroponics Ltd., Respondent

Candice Kennedy, Counsel

Introduction

1This Application alleges discrimination with respect to employment because of citizenship, creed, ethnic origin, place of origin and reprisal contrary to the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”). This Interim Decision contains important directions for the respondents who have failed to comply with the Tribunal’s order and to file a Response as directed.

2In Interim Decision 2017 HRTO 526 the Tribunal reactivated the Application following the conclusion of criminal proceedings involving three of the individual respondents. Each of the respondents was directed to file a Form 2 Response to the Application within 35 days of the Interim Decision.

3The Tribunal also directed the individual respondents Mr. Wanhar, Mr. Supriyadi and Mr. Suroto to disclose to the applicant within 14 days of the date of the Interim Decision the last known address of the personal respondent known as “Efendy” and to provide any information they may have about his last name. Within 14 days of the date on which the applicant receives that information, she was directed to provide to the Tribunal a current, complete and accurate address for the individual respondent Efendy and explain the steps taken to ensure that the address is current, complete and accurate. The applicant was advised that failing receipt of that information, the Tribunal may not deal with the Application as against the personal respondent.

4As of the date of this Interim Decision, only the respondent Via Verde Hydroponics has filed a Response. The other respondents have not filed a Response, nor have they communicated in any way with the Tribunal. The applicant did not provide a complete and accurate address or a full name for the personal respondent known as “Efendy”.

DECISION

5As the applicant has been unable to provide a full name and accurate address for the individual respondent known as “Efendy”, the Application is dismissed against “Efendy” pursuant to Rule 6.6(b) of the Tribunal’s Rules of Procedure.

6The respondents AHWBC Canada Limited o/a AC County Income Tax also o/a AHW Business Service, Nehwin Wanhar, Abdullah Waing, Aji Suroto, Dudy Supriyadi and Eris Trisnandar are reminded that an 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. These respondents’ attention is drawn to Rule 5.5 of the Tribunal’s Rules which read as follows:

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.

7If the respondents named in paragraph [6] above wish to participate in this proceeding, they shall file a Response within 7 days of this Interim Decision, together with an explanation of why their Response was not filed in accordance with the Tribunal’s May 10, 2017 Interim Decision. If Responses are not received, the Tribunal may proceed without further notice to these respondents and may take any or all of the steps set out in Rule 5.5.

8As the applicant and the respondent Via Verde Hydroponics who filed a Response have agreed to mediation, mediation will be scheduled. The remaining respondents will be provided with a copy of the Notice of Mediation so that they may attend.

ORDER

9The Tribunal orders as follows:

a. The Application as against the individual respondent known as “Efendy” is dismissed.

b. The respondents AHWBC Canada Limited o/a AC County Income Tax also o/a AHW Business Service, Nehwin Wanhar, Abdullah Waing, Aji Suroto, Dudy Supriyadi, and Eris Trisnandar are directed to file a Response within 7 days of this Interim Decision, together with an explanation of why their Response was not filed in accordance with the Tribunal’s previous direction.

c. The Tribunal will schedule a mediation.

10I am not seized of this matter.