Mike Frankson v. Workplace Safety and Insurance Board, 2009 HRTO 1549

Human Rights Tribunal of Ontario

B E T W E E N:

Mike Frankson

Applicant

-and-

Workplace Safety and Insurance Board

Respondent

INTERIM DECISION

Adjudicator: Michelle Flaherty

Date: September 24, 2009

Citation: 2009 HRTO 1549

Indexed as: Frankson v. Workplace Safety and Insurance Board

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 July 21, 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.

2Rule 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.

3It is now more than ten days after the date for the filing of the Response. The respondent has not filed a Response or otherwise communicated with the Tribunal and the Tribunal’s Notice has not been returned.

4A 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 states:

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.

5If the respondent wishes to participate in this proceeding, a Response must be filed within ten days of the date of this Interim Decision together with an explanation why a Response was not filed in accordance with the deadline contained in the Notice of Application. If the Response is not received by this date, the Tribunal shall proceed without further notice to the respondent, and may take any or all of the other steps set out in Rule 5.5.

6The applicant has provided an address, fax number and phone number of a contact person for the respondent. The Tribunal will send a copy of this Interim Decision to the respondent by fax, regular mail and courier.

7I am not seized of this matter.