Megan Fortin v. Entrenous Hair Salon and Peter Sallabank, 2009 HRTO 1060

Editor’s Note: Corrigendum released on July 20, 2009. Original judgment has been corrected with text of corrigendum appended.

July 20, 2009

Megan Fortin v. Entrenous Hair Salon and Peter Sallabank

RE : Amended Notice for Interim Decision Dated July 16, 2009

The Interim Decision dated July 16, 2009 contains a typographical error on the cover page regarding the citation number. The error reads citation number 2008 HRTO 1060. The correct citation number is 2009 HRTO 1060.

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Megan Fortin

Applicant

-and-

Entrenous Hair Salon and Peter Sallabank

Respondents

INTERIM DECISION

Adjudicator: Naomi Overend

Date: July 16, 2009

Citation: 2009 HRTO 1060

Indexed as: Fortin v. Entrenous Hair Salon

1On April 24, 2009, the applicant filed an Application under Part IV of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), alleging discrimination in employment on the basis of sex.

2On May 14, 2009, the Tribunal sent the Application to the respondents 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.

3It has now been almost four weeks since the Response was due. The Tribunal has not received a Response from the respondents, nor has its correspondence been returned.

4A Tribunal application is a legal proceeding. If a violation of the Code is found, the Tribunal may order respondents to make monetary compensation or other forms of restitution to the applicant and to take steps to promote future 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.

5The Registrar shall send a copy of this Interim Decision to the respondents by regular mail and courier.

6If the respondents wish to participate in this proceeding, a Response must be filed by July 24, 2009 together with an explanation of why the Response was not filed earlier in accordance with the Tribunal Rules and the direction contained in the Notice sent May 14, 2009. 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.

7The respondents may wish to consult the Tribunal’s website: www.hrto.ca. The website includes information for applicants and respondents, including a Respondent’s Guide, which is found under the new Applications web site. A copy of the Guide may also be requested from the Tribunal Registrar.

8I am not seized of this matter.