LeNeve v. Point Edward Casino, 2008 HRTO 392

Human Rights Tribunal of Ontario

B E T W E E N:

Richard LeNeve

Applicant

-and-

Point Edward Casino

Respondent

INTERIM DECISION

Adjudicator: Michael Gottheil

Date: December 12, 2008

Citation: 2008 HRTO 392

Indexed as: LeNeve v. Point Edward Casino

INTRODUCTION

1This decision reconsiders and reverses the Tribunal’s decision dated December 2, 2008. (LeNeve v. Point Edward Casino, 2008 HRTO 331).

DECISION

2In my decision dated December 2, 2008, I ruled that as the respondent had failed to file a Response, it was not entitled to participate in these proceedings, it was deemed to have accepted all of the allegations set out in the Application, and the Tribunal would proceed to finally determine the Application. I also found that, based only on the material before me, the respondent had violated the rights of the applicant.

3My findings were based on an understanding that the respondent had not filed a Response by October 31, 2008, as had been required by an earlier decision of the Tribunal dated October 24, 2008 (2008 HRTO 187). That earlier “no response” decision was issued because the respondent had failed to file a Response within the 35 days of receipt of the Application, as required by the Tribunal Rules.

4Subsequently, it was discovered that the respondent had in fact filed a Response by October 31, 2008. Through an administrative error on the part of the Tribunal, the Response was not placed on the file.

5The respondent has requested reconsideration of the Tribunal’s December 2, 2008 decision. I need not deal with the respondent’s request. In the circumstances, it is appropriate for the Tribunal to reconsider the December 2, 2008 decision on its own motion.

6As noted above, the December 2, 2008 decision was based on the apparent failure of the respondent to have filed a Response. Since that was not the case, the decision cannot stand and I hereby reverse the decision.

7The matter is referred to the Registrar to discuss with the parties their interest in mediation. If mediation is not accepted, the matter will proceed to a hearing in accordance with the Tribunal’s Rules.