Freitag v. Angel Gate Bingo, 2008 HRTO 297

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Henry Freitag

Applicant

-and-

Angel Gate Bingo

Respondent

INTERIM DECISION

Adjudicator: Kaye Joachim

Date: November 24, 2008

Citation: 2008 HRTO 297

Indexed as: Freitag v. Angel Gate Bingo

Human Rights Tribunal of Ontario 655 Bay Street, 14^th 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 September 10, 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 amend the style of cause and to address the respondent’s failure to file a Response to the Application or to attend the mediation.

2On November 20, 2008 the applicant wrote to the Tribunal advising he understood that the correct legal name of the respondent was Angel Gate Bingo, and not the Ontario Lottery and Gaming Corporation o/a Angel Gate Bingo, as stated on the original complaint. Accordingly, the style of cause in this proceeding is amended to reflect the correct name of the respondent.

3On September 16, 2008 the Tribunal sent a Notice of Confirmation of Receipt of An Application to the respondent addressed as Ontario Lottery and Gaming Corporation o/a Angel Gate Bingo at 175 Main Street, Penetanguishene, Ontario L6M 1L8. The Notice was returned. The Notice advised the respondent it had 35 days from the date of delivery of the Application to file its Response with the Tribunal. The applicant’s statement of delivery indicates that the Application was faxed to the respondent on September 1, 2008. Accordingly, the 35 day period for filing a response expired on October 10, 2008. To date, no response has been filed.

4On September 16, 2008 the Tribunal also scheduled a mediation for November 17, 2008, which the respondent failed to attend.

5A 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 3.2 of the Tribunal’s Rules of Procedure for applications under Section 53(3) of the Human Rights Code, 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.

6The applicant has provided an address of the respondent which is apparently the location of the Angel Gate Bingo where the applicant has personally attended. The Tribunal shall send a copy of this decision to the respondent by both courier and regular mail to that address.

7If the respondent wishes to participate in this proceeding, it shall file a response within 10 days of the date of this decision, together with an explanation of why the 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 may proceed without further notice to the respondent and may take any or all of the other steps set out in Rule 3.2.

8I am not seized of this matter.