Monique Campbell v. Metaca Corporation and Leona Byrne, 2009 HRTO 255

Human Rights Tribunal of Ontario

Between:

Monique Campbell Applicant

-and-

Metaca Corporation and Leona Byrne Respondents

Interim Decision

Adjudicator: Alison Renton Date: March 6, 2009 Citation: 2009 HRTO 255 Indexed as: Campbell v. Metaca Corporation

1The applicant filed an Application alleging Contravention of Settlement (Form 18), pursuant to s. 45.9(3) of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the "Code"). The Application alleges a contravention of minutes of settlement entered into between the applicant and the respondents on November 25, 2008 to resolve a human rights complaint filed by the applicant.

2On January 30, 2009 the applicant delivered the Application by e-mail to a lawyer apparently representing the respondents. A Statement of Delivery was filed by the applicant with the Tribunal.

3The Application directed the respondents to file a Response with the Tribunal no later than fourteen (14) days after the delivery of the Application. Rule 1.22 of the Tribunal's Rules of Procedure confirms that a document delivered by e-mail is deemed received on the day sent or if sent after 5:00 pm delivery will be deemed to have occurred the next day. However, according to Rule 1.21, documents can only be sent via e-mail when the person receiving the document has consented to e-mail delivery. There is nothing in the Application to address whether or not the lawyer apparently representing the respondents consented to delivery by e-mail. It is now more than 14 days after the date for filing the Response and the respondents have not filed a Response.

4A Tribunal application is a legal proceeding. If a contravention of the settlement is found the Tribunal may make any order it considers appropriate to remedy the contravention. Failure to file a response may lead to orders against a respondent without their participation. The respondents' 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 applicant has provided an address for the respondents. The Tribunal shall send a copy of this Interim Decision, along with the Application, to the corporate respondents by regular mail and courier. The Tribunal will also send a copy of the decision by courier to the personal respondent care of Stephen Bernofsky of Fogler Rubinoff, at the address provided on the contact information for the personal respondent.

6If the respondents wish to participate in this proceeding, a Response must be filed by 10 days from the date of this Interim Decision together with an explanation why it was not filed in accordance with the deadline required by the Rules. If the Response is not received by this date, the Tribunal may proceed without further notice to the non-responding respondent or respondents, and may take any or all of the other steps set out in Rule 5.5.

7I am not seized of this matter.