John Berry v. Lear Corporation—Whitby Ontario Canada, 2009 HRTO 1182

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

John Berry

Applicant

-and-

Lear Corporation—Whitby Ontario Canada

Respondent

INTERIM DECISION

Adjudicator: Faisal Bhabha

Date: July 30, 2009

Citation: 2009 HRTO 1182

Indexed as: Berry v. Lear Corporation

1The applicant filed an Application under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended, (the “Code”), on April 7, 2009. The Tribunal issued a Notice of Application and delivered the Application to the respondent by regular mail at the addresses provided by the applicant. The Notice directed the respondent to file a response with the Tribunal no later than thirty-five (35) days from the date of the Notice. Rule 1.22 of the Tribunal’s Rules of Procedure confirms that a document delivered by mail is deemed received five days after the postmark date.

2It is now more than ten days after the date for filing the Response. The respondent has not filed a Response, or otherwise communicated with the Tribunal. The Tribunal’s Notice has not been returned.

3A Tribunal application is a legal proceeding. If a violation of the Code is found the Tribunal may order a respondent to make monetary compensation or other forms of restitution to the applicant and to take steps to future promote compliance with the Code. Failure to file a Response may lead to orders against a respondent without their participation. The respondent’s 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.

4The applicant has provided a business address and fax for the respondent and the contact name of an individual in the human resources department. The Tribunal shall send a copy of this Interim Decision to the respondent by regular mail, courier and fax.

5If the respondent wishes to participate in this proceeding, a Response must be filed by August 10, 2009, together with an explanation why it was not filed in accordance with the deadline contained in the Notice of Application. If the 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 5.5.

6I am not seized.