HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Philip Sofianos

Applicant

-and-

Garda World Security Corporation

Respondent

INTERIM DECISION

Adjudicator: Jay Sengupta

Date: October 26, 2009

Citation: 2009 HRTO 1776

Indexed as: Sofianos v. Garda World Security Corporation

Background

[1] This is an Application filed on June 19, 2009, under section 34 of Part IV of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”). The Application alleges discrimination in employment on the basis of disability.

2On August 19, 2009, the respondent was sent a copy of the Application, along with a copy of a Request to Expedite, a Request for an Interim Remedy and an Interim Decision denying the two requests.

3The August 19, 2009 Notice of Application was sent to the respondent by courier on August 19, 2009. The Notice was returned to the Tribunal. It was then resent by regular mail to the address provided by the applicant on August 26, 2009. 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. Rule 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.

4It is now more than ten days after the date for filing the Response. The respondent has not filed its Response. The Tribunal’s Notice sent by regular mail has not been returned.

5A 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 future promote compliance with the Code. Failure to file a response may lead to orders against a respondent without its participation. The respondent’s 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.

6The applicant has provided an address for the respondent. The Tribunal shall send a copy of this Interim Decision to the respondent by regular mail and by registered mail.

7If the respondent wishes to participate in this proceeding, a Response must be filed no later than 10 days from the date of this Interim Decision 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 may proceed without further notice to the respondent, and may take any or all of the other steps set out in Rule 5.5.

8I am not seized of this matter.