Belinda Leung v. Skylink Technologies (Canada) Inc. and Phillip Tsui, 2009 HRTO 1090

Human Rights Tribunal of Ontario

Between:

Belinda Leung Applicant

-and-

Skylink Technologies (Canada) Inc. and Phillip Tsui Respondents

Interim Decision

Adjudicator: Brian Eyolfson Date: July 21, 2009 Citation: 2009 HRTO 1090 Indexed as: Leung v. Skylink Technologies (Canada)

1The applicant filed an Application alleging Contravention of Settlement (Form 18) pursuant to s. 45.9(3) of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”). The Application alleges a contravention of minutes of settlement entered into between the applicant and the respondents on March 3, 2009, to resolve an earlier Application filed by the applicant pursuant to s. 34 of the Code.

2On May 20, 2009, the Application (Form 18) was delivered by the applicant to the respondents by mail. A Statement of Delivery was filed by the applicant with the Tribunal.

3Pursuant to Rule 24.3 of the Tribunal’s Rules, a party who is served with a Form 18 must deliver and file their Response (Form 19), if any, not later than fourteen (14) days after the Form 18 was delivered. Rule 1.22 of the Tribunal’s Rules confirms that a document delivered by mail is deemed received five days after the postmark date. It is now more than 14 days after the date for filing the Response and the respondents have not filed a Response.

4A Tribunal application is a legal proceeding. If a contravention of the settlement is found, the Tribunal may make any order it considers appropriate to remedy the contravention. Failure to file a response may lead to orders against a respondent without their participation. The respondents’ attention is drawn to Rule 5.5 of the Tribunal’s Rules which reads as follows:

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 an address for the respondents. The Tribunal shall send a copy of this decision to the respondents by regular mail and courier.

6If the respondents wish to participate in this proceeding, a Response must be filed within 10 days of the date of this Interim Decision together with an explanation why it was not filed in accordance with the deadline required by the Rules. If the Response is not received by this date, the Tribunal shall proceed without further notice to the non-responding respondents, and make take any or all of the other steps set out in Rule 5.5.

7I am not seized of this matter.