Philip Streeter v. HR Technologies Inc. and Richard Booth, 2008 HRTO 174

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Philip Streeter

Applicant

-and-

HR Technologies Inc. and Richard Booth

Respondents

INTERIM DECISION

Adjudicator: Mark Hart

Date: October 22, 2008

Citation: 2008 HRTO 174

Indexed as: Streeter v. HR Technologies

Human Rights Tribunal of Ontario 655 Bay Street, 14^th Floor Toronto, ON M7A 2A3 Phone (416) 314-8419 / Fax (416) 314-8743 / Toll free 1-866-598-0322 TTY (416) 314-2379 / (toll free) 1-800-424-1168 E-mail hrto.registrar-transition@ontario.ca Website www.hrto.ca

1This is an Application filed August 11, 2008 under section 53(3) of Part VI of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”). The purpose of this interim decision is to address the respondents’ failure to file a Response to the Application or to attend the mediation.

2On August 18, 2008 the Tribunal sent a notice to the parties confirming receipt of this Application and advising the respondents that they had 35 days from the date of delivery of the Application to file their Response with the Tribunal. The applicant’s statement of delivery indicates that the Application was hand-delivered to the respondents’ business premises on August 8, 2008. Accordingly, the 35 day period for filing a Response expired on September 12, 2008. To date, no Response has been filed.

3On August 18, 2008, the Tribunal also scheduled a mediation for October 14, 2008, which the respondents failed to attend.

4A 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 3.2 of the Tribunal’s Rules of Procedure for applications under Section 53(3) of the Human Rights Code, which reads as follows:

3.2 Where an Application (Form A) 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, including the allegations set out in the complaint;

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.

5The applicant has provided an address and fax number for the respondents, which is consistent with information set out in a letter on the corporate respondent’s letterhead which was filed in support of the Application. The Tribunal shall send a copy of this decision to the respondents by both courier and fax.

6If the respondent wishes to participate in this proceeding, it shall file a Response by October 31, 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 may proceed without further notice to the respondents, and may take any or all of the other steps set out in Rule 3.2.

7I am not seized of this matter.