John Vowles v. The Corporation of the City of Brampton, 2008 HRTO 290

Human Rights Tribunal of Ontario

Between:

John Vowles Applicant

-and-

The Corporation of the City of Brampton Respondent

Interim Decision

Adjudicator: Brian Cook Date: November 24, 2008 Citation: 2008 HRTO 290 Indexed as: Vowles v. Brampton (City)

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 / Toll Free 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 section 34 of the Human Rights Code, R.S.O. 1990, c. H.19 as amended, (the "Code") on September 12, 2008.

2On September 23, 2008 the Tribunal issued a Notice of Application to the respondent. The respondent was advised that a Response must be filed with the Tribunal not later than 35 days after September 23, 2008. As of the date of this decision the respondent has not filed a Response, nor has the Tribunal's correspondence been returned.

3According to the Application, the facts giving rise to the Application are part of a grievance which was scheduled to be heard by an arbitrator on November 12, 2008. The results, if any, of the scheduled arbitration have not been communicated to the Tribunal.

4An 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 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.

5The applicant has provided contact information for the respondent. The Tribunal shall send a copy of this interim decision to the respondent by regular mail, courier, and fax. In addition, the Tribunal shall send a copy of the decision to the legal department of the Corporation of the City of Brampton.

6If the respondent wishes to participate in this proceeding, it must file a Response by December 2, 2008 and provide an explanation for the failure to file the Response in accordance with the Tribunal's Rules and Notice of Application. If a Response is not received, the Tribunal may proceed without further notice to the respondent and may take any or all of the steps set out in Rule 5.5.

7I am not seized of this matter.