Bill Farion v. Cruise North 2009, 2009 HRTO 1279

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Bill Farion

Applicant

-and-

Cruise North 2009

Respondent

interim DECISION

Adjudicator: Jay Sengupta

Date: August 19, 2009

Citation: 2009 HRTO 1279

Indexed as: Farion v. Cruise North 2009

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 June 15, 2009. On June 26, 2009, the Tribunal issued a Notice of Application and delivered the Application to the respondent by regular mail at the address 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.

2On July 30, 2009, the respondent made a request for additional time to file its Response. On the same date, the Registrar granted the respondent’s request, indicating it had until August 4, 2009 to a file a Response.

3It is now more than five days after the extended date for filing the Response. The respondent has not filed a Response, requested a further extension of time or otherwise communicated with the Tribunal since July 30, 2009. 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 promote future 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 respondent provided a new address for service in the request for extension of time. The Tribunal shall send a copy of this Interim Decision to the respondent at the address provided by regular mail and courier.

5If the respondent wishes to participate in this proceeding, a Response must be filed within seven days of the date of this decision, together with an explanation why it was not filed in accordance with the deadlines contained in the Notice of Application and subsequent Registrar’s letter. If the Response is not received by this date, the Tribunal may proceed without further notice to the respondents, and may take any or all of the other steps set out in Rule 5.5.

6I am not seized of this matter.