Maria Romero v. Tim Siemnes and Hector Hermandez-Hermandez, 2009 HRTO 2198

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Maria Romero

Applicant

-and-

Tim Siemnes and Hector Hermandez-Hermandez

Respondents

INTERIM decision

Adjudicator: Mary Truemner

Date: December 17, 2009

Citation: 2009 HRTO 2198

Indexed as: Romero v. Siemnes

1The applicant filed an Application under section 34 of the Human Rights Code, R.S.O. 1990, c. H.19 as amended, (the “Code”) on March 19, 2009.

2On July 27, 2009, the Tribunal issued a Notice of Application to the respondents. The respondents were advised that a Response must be filed with the Tribunal not later than 35 days after July 27, 2009. As of the date of this Interim Decision, the respondents have not filed a Response, nor has the Tribunal’s correspondence been returned.

3An application to the Tribunal starts a legal proceeding. A finding that a violation of the Code has occurred 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 5.5 of the Tribunal’s Rules of Procedure which reads as follows:

5.5 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.

4The applicant has provided an address for both of the respondents. The Tribunal shall send a copy of this Interim Decision to the respondents by courier as well as mail.

5If the respondents wish to participate in this proceeding, they shall file Responses or a joint Response within 7 days of the date of this Interim Decision, together with an explanation of why the Responses were not filed in accordance with the July 27, 2009 Notice. If Responses are not received, the Tribunal may proceed without further notice to the respondents and may take any or all of the steps set out in Rule 5.5.

6I am not seized of this matter.