Prudence Simpson-Bowlyn v. Commissionaires-Great Lakes, 2008 HRTO 141

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Prudence Simpson-Bowlyn

Applicant

-and-

Commissionaires-Great Lakes

Respondent

INTERIM DECISION

Adjudicator: Sheri D. Price

Date: October 9, 2008

Citation: 2008 HRTO 141

Indexed as: Simpson-Bowlyn v. Commissionaires – Great Lakes

Human Rights Tribunal of Ontario

655 Bay Street, 14^th Floor

Toronto ON M7A 2C7

Phone (416) 326-1312 / 1-866-598-0322 Fax (416) 326-2199 / 1-866-355-6099

TTY (416) 314-2379 / 1-800-424-1168

E-mail hrto.registrar@ontario.ca

Website www.hrto.ca

1The applicant filed an application under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”) on August 19, 2008. On August 22, 2008, the Tribunal sent the Application to the respondent by regular mail at the address provided by the applicant, together with a direction to respond no later than 35 days from that date, in accordance with the Tribunal Rules. Under Rule 1.22 of the Tribunal’s Rules of Procedure, a document delivered by mail is deemed received five days after the postmark date. Documentation provided with the Application, including a direct deposit notice and a letter from the respondent on its letterhead, suggests that the address the applicant provided on the Application is correct.

2It has now been more than ten days since the response was due. The Tribunal has received no response from the respondent, nor has its correspondence been returned.

3A Tribunal application is a legal proceeding, which, if a violation of the Code is found, 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;

4The applicant has provided an address and fax number of a contact person for the respondent. The Tribunal shall send a copy of this decision to the respondent by both courier and fax.

5If the respondent wishes to participate in this proceeding, it shall file a response by October 16, 2008, together with an explanation of why the response was not filed by the deadline in accordance with the Tribunal’s Rules. If a response is not received by this date, the Tribunal shall proceed without further notice to the respondents, and may take any or all of the other steps set out in Rule 5.5.

6I am not seized of this matter.