Robert Burns v. Employer’s Choice Staffing of Canada Ltd., 2008 HRTO 185

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Robert Burns

Applicant

-and-

Employer’s Choice Staffing of Canada Ltd.

Respondent

INTERIM DECISION

Adjudicator: Jay Sengupta

Date: October 23, 2008

Citation: 2008 HRTO 185

Indexed as: Burns v. Employer’s Choice Staffing of Canada

Human Rights Tribunal of Ontario 655 Bay Street, 14^th^ 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

1The applicant filed an Application under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended, (the “Code”), dated July 17, 2008. The Tribunal sent the Application to the respondent by regular mail on August 19, 2008 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. The application documents were returned to the Tribunal. The applicant then provided a new address for the respondent. On September 11, 2008, the Tribunal resent the Application to the respondent by regular mail at the new 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.

2It has now been more than ten days since the Response was due. The Tribunal has not received a 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, phone number, and fax number of a contact person for the respondent. The Tribunal shall send a copy of this decision to the respondent by courier and fax.

5If the respondent wishes to participate in this proceeding, a Response must be filed by October 31,2008, together with an explanation of why the Response was not filed earlier in accordance with the Tribunal rules. If a Response is not received by this date, the Tribunal shall proceed without further notice to the respondent, and may take any or all of the other steps set out in Rule 5.5.

6I am not seized of this matter.