Brenda Ryan v. Goodlife Fitness Centres Inc. and Frank Scardino, 2008 HRTO 267

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Brenda Ryan

Applicant

-and-

Goodlife Fitness Centres Inc. and Frank Scardino

Respondents

INTERIM DECISION

Adjudicator: Kaye Joachim

Date: November 14, 2008

Citation: 2008 HRTO 267

Indexed as: Ryan v. Goodlife Fitness Centres

Human Rights Tribunal of Ontario 655 Bay Street, 14th 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 22, 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 respond to requests to schedule a mediation.

2The Tribunal’s Rules provide that a Response is due 35 days after delivery of the Application. The applicant’s statement of delivery indicates that the Application was sent by express post to the respondents’ apparent business address on August 19, 2008. Accordingly, the 35 day period for filing a Response expired by the week of September 22, 2008.

3On September 5, 2008 the Tribunal sent the respondents a Notice of Confirmation of Receipt of an Application and a Notice of Mediation for October 29, 2008. The Tribunal’s notices were sent by courier and the tracking details indicate that the documents were delivered to a corporation named “Goodlife” on September 8, 2008.

4On October 27, 2008 the Tribunal wrote to the parties adjourning the mediation scheduled for October 29, 2008 and seeking alternative dates for the mediation. Those documents were sent by regular mail and have not been returned. The Tribunal sought the parties’ response by November 3, 2008. The applicant has provided the following dates and times for mediation: November 17, 2008 from 9.30 a.m. to 12.30 p.m.; November 18, 2008 from 1.30 p.m. to 4.30 p.m.; November 21, 2008 from 9.30 a.m. to 4.30 p.m.; and, December 12, 2008 from 1.30 p.m. to 4.30 p.m.

5The respondents have not responded.

6A 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 respondents’ attention is drawn to Rule 3.2 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.

7The applicant has provided an address for the respondents, which appears to be the address for the corporate respondent. The Tribunal shall send a copy of this decision to the respondents by courier.

8If the respondents wish to participate in this proceeding, they shall file a Response by November 21, 2008 together with an explanation of why the Response was not filed within the time set by 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. The respondents shall also advise whether they consent to and are available to attend a mediation on any of the dates set out in paragraph 4 above.

9The applicant is directed to write to the Registrar-Transition setting out the basis for her belief the address she has provided for the corporate respondent is correct, including copies of any Canada 411 search or other documents confirming this information, and, further, explaining the basis for her belief the personal respondent continues to be employed by the corporate respondent and to work at the address provided. This information must be provided by November 21, 2008.

10I am not seized of this matter.