Jajo v. Autosystems (No. 1), 2009 HRTO 1361

INTERIM DECISION

1. The applicant filed an Application under section 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the "Code"), on May 22, 2009.

2. On May 28, 2009, the Tribunal issued a Notice of Application to the respondents. The respondents were advised that a Response must be filed with the Tribunal not later than 35 days after that date. The corporate respondent has filed a Response. As a result of new information concerning the individual respondent's address being furnished by the applicant, a further letter enclosing the Application was sent by the Tribunal to the individual respondent on July 13, 2009. As of the date of this Interim Decision, the individual respondent has not filed a Response, nor has the Tribunal's correspondence been returned. The individual respondent's Response was due on August 17, 2009.

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 a respondent without their participation. The individual 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 an address for the individual respondent. The Tribunal shall send a copy of this Interim Decision to the individual respondent by regular mail and courier.

5. If the individual respondent wishes to participate in this proceeding, he shall file a Response by September 11, 2009, together with an explanation of why the Response was not filed in accordance with the Notice of Application. If a Response is not received, the Tribunal may proceed without further notice to the individual respondent and may take any or all of the steps set out in Rule 5.5.

6. The Registrar will schedule this matter for mediation in light of the agreement to proceed with mediation on the part of the applicant and the corporate respondent.

7. I am not seized of this matter.