Victor Refalo v. Pickering Soccer Club, 2009 HRTO 2268

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Victor Refalo

Applicant

-and-

Pickering Soccer Club, Durham Region Soccer Association, Ontario Soccer Association and Paul Spadafora

Respondents

interiM DECISION

Adjudicator: Alison Renton

Date: December 29, 2009

Citation: 2009 HRTO 2268

Indexed as: Refalo v. Pickering Soccer Club

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 October 2, 2009.

2On October 23, 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 October 23, 2009. As of the date of this Interim Decision the respondents Pickering Soccer Club and Paul Spadafora have not filed a Response, nor has the Tribunal’s correspondence been returned. The respondents Ontario Soccer Association and Durham Region Soccer Association have filed a joint Response.

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, phone number, and fax number of a contact person for the respondents Pickering Soccer Club and Paul Spadafora. The Tribunal shall send a copy of this Interim Decision to the respondents Pickering Soccer Club and Paul Spadafora by regular mail, courier and fax.

5If the respondents Pickering Soccer Club and Paul Spadafora wish to participate in this proceeding, they shall file a Response within 15 days of the date this Interim Decision was received, together with an explanation of why the Responses were not filed in accordance with the Notice of Application. If Responses are not received, the Tribunal may proceed without further notice to the respondents Pickering Soccer Club and Paul Spadafora and may take any or all of the steps set out in Rule 5.5.

6I am not seized of this matter.