HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Peri Maher
Applicant
-and-
Extendicare (Canada) Inc.,
Paul Tuttle, Linda Grills, Marg Lazure, and Chris McKey
Respondents
INTERIM decision
Adjudicator: Brian Cook
Indexed as: Maher v. Extendicare (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 / Toll Free1-866-355-6099
TTY 416- 314-2379 / 1-800-424-1168
E-mail hrto.registrar@ontario.ca
Website www.hrto.ca
1The applicant filed an Application under section 34 of the Human Rights Code, R.S.O. 1990, c. H.19 as amended, (the “Code”) on September 11, 2008.
2On September 18, 2008 the Tribunal issued a Notice of Application to the respondents. The respondents were advised that a Response must be filed with the Tribunal not later than 35 days after September 18, 2008. As of the date of this decision the respondents have not filed a Response, nor has the Tribunal’s correspondence been returned.
3An application to the Tribunal starts a legal proceeding. A finding that a violation of the Code has occurred 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 a mailing address for the corporate respondent and the personal respondents. The Tribunal shall send a copy of this interim decision to the respondents by courier and regular mail.
5If the respondents wish to participate in this proceeding, they must file a Response by November 24, 2008, together with an explanation of why the Response was not filed in accordance with the September 11, 2008 Notice. If a Response is not received, the Tribunal may proceed without further notice to the respondents and may take any or all of the steps set out in Rule 5.5.
6I am not seized of this matter.
Dated at Toronto, this 17^th^ day of November, 2008.
“Signed by”
Brian Cook
Vice-Chair