Sameera Farooq v. John Logan Chevrolet, 2009 HRTO 164

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Sameera Farooq Applicant

-and-

John Logan Chevrolet Respondent

INTERIM DECISION

Adjudicator: Kathleen Martin Date: February 13, 2009 Citation: 2009 HRTO 164 Indexed as: Farooq v. John Logan Chevrolet

1This is an Application under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), which alleges that the respondent discriminated against the applicant on the basis of race, colour and place of origin in respect of employment. This Interim Decision addresses the respondent’s failure to file a Response to the Application.

2On December 18, 2008, the Tribunal sent the Application to the respondent by regular mail at the address provided by the applicant, together with a direction to respond no later than thirty five (35) days from that date, in accordance with the Tribunal Rules. Under Rule 1.22 of the Tribunal’s Rules of Procedure, 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 filing the Response. The respondents have not filed a Response, or otherwise communicated with the Tribunal. 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 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.

5The applicant has provided a municipal address for the respondents. The Tribunal shall therefore send a copy of this decision to the respondents by regular mail and courier.

6If the respondents wish to participate in this proceeding, a Response must be filed by February 20, 2009 together with an explanation why it 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 respondents, and may take any or all of the other steps set out in Rule 5.5.

7I am not seized of this matter.