HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Jeanie Villeneuve
Applicant
-and-
The Dragon Restaurant, a division of 744775 Ontario Inc.,
and Vincent Foo
Respondents
INTERIM DECISION
Adjudicator: Sheri D. Price
Indexed as: Villeneuve v. Dragon Restaurant
Human Rights Tribunal of Ontario
655 Bay Street, 14th Floor
Toronto ON M7A 2A3
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
1This is an Application filed July 30, 2008 under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”). This interim decision addresses the proper name and contact information for a personal respondent, and the personal respondent’s failure to file a Response to the Application.
2A “Vincent Fong” is named as a personal respondent in the Application. The applicant has provided contact information for this individual which appears to be a place of employment, and is the same as the contact information provided for the corporate respondent. No individual has filed a Response to the Application.
3The corporate respondent, The Dragon Restaurant, has filed a Response in which it refers to a “Vincent Foo”. From the information in the Response, it appears that “Vincent Foo” is the individual the applicant intended to name as the personal respondent. The corporate respondent appears to continue to be Mr. Foo’s employer. The applicant’s Reply also appears to confirm that Vincent Foo is the individual she intended to name as the personal respondent. Further, the applicant delivered her Reply to Vincent Foo at the same address originally provided for “Vincent Fong” in the Application.
4It seems clear that the correct name of the individual respondent in this matter is “Vincent Foo” and not “Vincent Fong”. Accordingly, the style of cause in this proceeding is amended to reflect the correct name of the personal respondent.
5I now turn to the failure of the personal respondent to file a Response to the Application.
6On August 5, 2008, the Tribunal sent the Application to the respondents by regular mail at the address provided by the applicant, together with a direction to respond no later than thirty five (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.
7It has now been more than 35 days since the Responses were due. The corporate respondent filed its Response. However, the Tribunal has received no Response from the personal respondent, nor has its correspondence (originally addressed to Vincent Fong) been returned.
8A 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 may lead to orders against personal and corporate respondents without further notice or their participation. The personal 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.
9The Tribunal shall send a copy of this decision to the individual respondent by courier and to the corporate respondent by courier and fax. The corporate respondent is directed to immediately provide a copy of this decision and the Application to the personal respondent, Vincent Foo. The corporate respondent is further directed to write to the Tribunal within two days of the date of this decision confirming that it has provided the personal respondent with the Application and this decision.
10If the personal respondent wishes to participate in this proceeding, he shall file a Response by October 31, 2008, together with an explanation why his 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 personal respondent and may take any or all of the other steps set out in Rule 5.5.
11I am not seized of this matter.
Dated at Toronto, this 22nd day of October, 2008.
“Signed by”
Sheri D. Price
Vice-Chair