Edwards v. Neoset Canada, 2009 HRTO 173

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Douglas Edwards

Applicant

-and-

Neoset Canada Inc., Gregory Papas and Abdulla Omar

Respondents

INTERIM DECISION

Adjudicator: David Muir

Date: February 18, 2009

Citation: 2009 HRTO 173

Indexed as: Edwards v. Neoset Canada

1This is an Application filed October 2, 2008 under section 53(3) of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”). The purpose of this Interim Decision is to address the respondents’ failure to file Responses to the Application.

2On August 17, 2008, the Tribunal sent a notice to the parties confirming receipt of this Application and advising the respondents that they had 35 days from the date of delivery of the Application to file their Responses with the Tribunal. The applicant’s statement of delivery indicates that the Application was sent by courier to the respondents’ business premises on September 27, 2008. Accordingly, the 35 day period for filing Responses expired on November 3, 2008. To date, no Responses have been filed.

3A 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 applications under Section 53(3) of the Human Rights Code, 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.

4The applicant has provided an address and fax number for the respondents, which is consistent with information which appears to be the correct address for the corporate respondent. The Tribunal shall send a copy of this Interim Decision to the respondents by both courier and fax.

5If the respondents wish to participate in this proceeding, they shall file their Responses by February 27, 2009, together with an explanation of why the Responses was not filed by the deadline in accordance with the Tribunal’s Rules. If the Responses are not received by this date, the Tribunal may proceed without further notice to the respondents, and may take any or all of the other steps set out in Rule 3.2.

6I am not seized of this matter.