HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Victoria Comeau
Applicant
-and-
1703381 Ontario Inc., 1338310 Ontario Inc., 1372715 Ontario Inc.
and Lisa Graycheski
Respondents
INTERIM decision
Adjudicator: Kaye Joachim
Indexed as: Comeau v. 1703381 Ontario
INTRODUCTION
1This is an Application filed on December 31, 2008, under section 53(3) of Part VI of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”).
2In a prior Interim Decision, Comeau v. Niagara Shoe Factory Outlet, 2009 HRTO 1425, the Tribunal directed the respondent, Niagara Shoe Factory Outlet to file a Response (Form B). It has not done so.
3The Tribunal has been advised by KPMG Inc. that they are the Trustee in Bankruptcy in respect of 1372715 Ontario Inc. o/a Niagara Shoe Manufacturing. They also advised that Michael Klemm was a director/officer of the above company and two further numbered corporations: 1703381 Ontario Inc. and 1338310 Ontario Inc., both of which previously operating as Niagara Shoe Factory Outlet retail stores.
4Retail shoe stores are still operating at those locations, under the name Brand Shoe Warehouse. The Tribunal has received correspondence from Mike Klemm on behalf of Brand Name Shoe Warehouse.
5In my view, the proper respondents to this complaint are 1372715 Ontario Inc., 1703381 Ontario Inc. and 1338310 Ontario Inc. regardless of the name under which they are operating. As there is a stay of proceedings against 1372715 Ontario Inc., the Tribunal will not proceed against it. However, there is no stay operating against the remaining corporations. The style of cause will be amended to reflect the respondents.
[6] A Tribunal application is a legal proceeding, which, if a violation of the Code is found, 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 individual and corporate respondents without their participation. The respondents’ attention is drawn to Rule 3.2 of the Tribunal’s Rules of Procedure for Transitional Applications which reads as follows:
3.2 Where an Application (Form A) 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, including the allegations set out in the complaint;
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.
[7] The corporate respondents, other than 1372715 Ontario Inc., are directed to file a Response within 15 days of the date of this Interim Decision, together with an explanation why the Responses were not filed earlier and should be accepted. If the Responses are not received by this date, the Tribunal shall proceed without further notice to the corporate respondents, and may take any or all of the other steps set out in Rule 3.2.
[8] I am not seized.
Dated at Toronto, this 16th day of October, 2009.
“Signed by”
Kaye Joachim
Alternate Chair