HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Ilias Alexandris
Applicant
-and-
Coca Cola Bottling Company
Respondent
INTERIM DECISION
Adjudicator: Faisal Bhabha
Date: February 11, 2009
Citation: 2009 HRTO 151
Indexed as: Alexandris v. Coca Cola Bottling Company
The applicant filed an Application under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended, (the “Code”), on October 17, 2008. In a decision dated January 16, 2009 (Alexandris v. Coca Cola Bottling Company, 2009 HRTO 56), the Tribunal directed the respondent to file a Response by January 22, 2009, together with an explanation as to why it was filed out of time, and indicated that if it did not do so the Tribunal would proceed with processing the Application without further notice to the respondent, up to and including deciding the case and ordering remedies.
Rule 8.1 of the Tribunal’s Rules of Procedure requires that a Response to an Application be made not later than thirty-five days after a copy of the Application was sent to the Respondent.
On February 6, 2009, the respondent contacted the Tribunal, advising that the company had just become aware of the Application after a copy of the interim decision was brought to its attention. Although a copy of the Application had been delivered to the correct address for the respondent on at least two occasions, it was never delivered to a representative of the company because the contact person listed for the respondent was not accurate.
In the circumstances, it is appropriate to afford the respondent an opportunity to review the Application and prepare its response. The Application shall be delivered to the respondent and the respondent shall have 35 days from the date of this decision to file a Response.
I am not seized of this matter.
Dated at Toronto, this 11th day of February, 2009.
Faisal Bhabha
Vice-Chair