HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Hillary Vipond
Applicant
-and-
Ben Wicks Pub and Bistro and David Doherty
Respondents
INTERIM DECISION
Adjudicator: Eric Whist
Indexed as: Vipond v. Ben Wicks Pub and Bistro
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 16, 2009. On July 2, 2009 the Tribunal issued a Notice of Application (the “Notice”) and delivered the Application to the respondents by regular mail at the address provided by the applicant. The Notice directed the respondents to file their Responses 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 14 days after the date for filing the Responses. The respondents have not filed their Responses 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 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.
4If the respondents wish to participate in this proceeding, their Responses must be filed by September 11, 2009 together with an explanation why they were not filed in accordance with the deadline contained in the Notice of Application. If the Responses are 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.
5A copy of this Interim Decision will be sent to the respondents by regular mail and courier at the address provided in the Application.
6I am not seized of this matter
”Signed By”
Eric Whist
Vice-chair