Human Rights Tribunal of Ontario

B E T W E E N:

Jeanette Aubin

Applicant

-and-

Regional Municipality of Waterloo

Respondent

INTERIM DECISION

Adjudicator: David A. Wright

Date: September 19, 2008

Citation: 2008 HRTO 86

Indexed as: Aubin v. Waterloo (Regional Municipality)

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 / 1-866-355-6099 TTY (416) 314-2379 / 1-800-424-1168 E-mail hrto.registrar@ontario.ca Website www.hrto.ca

[1] The applicant filed an Application under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended, (the “Code”), on July 17, 2008. On July 29, 2008, the Tribunal sent the Application to the respondent by regular mail at the address provided by the applicant, together with a direction to respond no later than thirty five (35) days from that date, in accordance with the Tribunal rules. Under Rule 1.22 of the Tribunal’s Rules of Procedure, a document delivered by mail is deemed received five days after the postmark date. The respondent’s letterhead on documents provided with the Application suggests that the address the applicant provided on the Application is correct.

[2] It has now been more than ten days since the response was due. The Tribunal has received no response from any of the respondents, nor has its correspondence been returned.

[3] A 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 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.

[4] The applicant has provided an address and fax number of a contact person for the respondent. The Tribunal shall send a copy of this decision to the respondent by both courier and fax, and send a copy by courier to the legal department of the Regional Municipality of Waterloo.

[5] If the respondent wishes to participate in this proceeding, it shall file a response by September 24, 2008, together with an explanation of why the response was not filed by the deadline in accordance with the Tribunal rules. If a response is not received by this date, the Tribunal shall proceed without further notice to the respondents, and may take any or all of the other steps set out in Rule 5.5.

[6] I am not seized of this matter.

Dated at Toronto, this 19^th day of September, 2008.

“Signed by”

David A. Wright

Vice-Chair