Agnieszka Kedron v. Agat Laboratories Ltd. and Marcus Maguire, 2009 HRTO 256

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Agnieszka Kedron

Applicant

-and-

Agat Laboratories Ltd. and Marcus Maguire

Respondents

INTERIM DECISION

Adjudicator: Alison Renton

Date: March 6, 2009

Citation: 2009 HRTO 256

Indexed as: Kedron v. Agat Laboratories

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 26, 2008 to resolve a human rights complaint filed by the applicant.

2On December 15, 2008, the Application was delivered by the applicant to the respondents in this Application by registered mail. A Statement of Delivery was filed by the applicant with the Tribunal.

3Pursuant to Rule 24.3 of the Tribunal’s Rules, a party who is served with a Form 18 must deliver and file their Response (Form 19), if any, not later than fourteen (14) days after the Form 18 was delivered. This information is also stated on the covering pages of the Application form, but it appears that the covering pages were not sent to the respondents by the applicant. 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 and fax number for the respondents. The Tribunal shall send a copy of this decision, along with the Application and the covering pages to the Application form, to the respondents by regular mail, courier and fax.

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 shall proceed without further notice to the non-responding respondent or respondents, and make take any or all of the other steps set out in Rule 5.5.

7I am not seized of this matter.