Maya Fundiler v. Intercon Security, 2009 HRTO 198

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Maya Fundiler

Applicant

-and-

Intercon Security

Respondent

INTERIM DECISION

Adjudicator: Ena Chadha

Date: February 24, 2009

Citation: 2009 HRTO 198

Indexed as: Fundiler v. Intercon Security

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 December 15, 2008.

2On January 2, 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. 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.

3More than ten days after the date for filing the Response have passed, and Intercon Security has neither filed a Response nor otherwise communicated with the Tribunal. The Tribunal’s Notice has not been returned. The Application indicates that the applicant, as well as her Member of Provincial Parliament, both previously had written communications with the respondent. As such, it appears that the address provided by the applicant is satisfactory.

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 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 Tribunal shall send a copy of this Interim Decision to the respondent by way of regular mail, courier delivery and facsimile transmission.

6If the respondent wishes to participate in this proceeding, a Response must be filed by 5 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 shall proceed without further notice to Intercon Security, and may take any or all of the other steps set out in Rule 5.5.

7I am not seized of this matter.