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Sharp v. Royal Host, 2009 HRTO 1273

August 18, 2009

Sharp v. Royal Host, 2009 HRTO 1273

Case Summary

The applicant filed an application under section 34 of the Human Rights Code. The respondents failed to file a response within the required 35-day period. The Tribunal issued an interim decision warning the respondents that failure to participate could lead to orders against them without their participation, pursuant to Rule 5.5 of the Tribunal's Rules of Procedure. The respondents were given a final deadline of August 25, 2009, to file a response and explain the delay, failing which the Tribunal may proceed without further notice.

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Holly Sharp

Applicant

-and-

Royal Host and Yvonne Bond

Respondents

INTERIM decision

Adjudicator: Brian Cook

Date: August 18, 2009

Citation: 2009 HRTO 1273

Indexed as: Sharp v. Royal Host

[1] This Interim Decision deals with an Application under section 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended, (the “Code”). The Application was filed on March 19, 2009.

[2] On April 24, 2009, the Tribunal issued a Notice to the respondents. The respondents were advised that a Response must be filed with the Tribunal not later than 35 days after April 24, 2009. As of the date of this Interim Decision, the respondents have not filed a Response, nor has the Tribunal’s correspondence been returned.

[3] An application to the Tribunal starts a legal proceeding. A finding that a violation of the Code has occurred 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 respondent’s 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 contact information for the corporate respondent. She has provided the mailing address for the head office of Royal Host and the mailing address for the Super 8 Hotel where she was employed. She has also provided the mailing address and a fax number for the Super 8 Hotel, and has indicated that the personal respondent continues to be employed at the hotel.

[5] The Tribunal shall send a copy of this Interim Decision to Royal Host and to the Super 8 Hotel and to the personal respondent. The Interim Decision shall be sent by fax, courier and regular mail to the personal respondent and by courier and regular mail to the corporate respondent.

[6] If the respondents wish to participate in this proceeding, they must file a Response by August 25, 2009, together with an explanation of why the Response was not filed in accordance with the April 24, 2009 Notice. If a Response is not received, the Tribunal may proceed without further notice to the respondent and may take any or all of the steps set out in Rule 5.5.

[7] I am not seized.

Dated at Toronto, this 18^th day of August, 2009.

“Signed by”

Brian Cook

Vice-chair