John Kearns v. 1327827 Ontario Limited and Anthony Motuzas, 2009 HRTO 269

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

John Kearns

Applicant

-and-

1327827 Ontario Limited and Anthony Motuzas

Respondents

INTERIM decision

Adjudicator: Sherry Liang Date: March 10, 2009 Citation: 2009 HRTO 269 Indexed as: Kearns v. 1327827 Ontario

1This is an Application filed on October 7, 2008 under section 34 of Part IV of the Human Rights Code, R.S.O. 1990, c. H.19 as amended (the “Code”).

2The respondents have not filed a Response to the Application. By Interim Decision, 2008 HRTO 354, the Tribunal ordered the respondents to file a Response by December 8, 2008, together with an explanation of why it was not filed in accordance with the deadline contained in the Notice of Application.

3On January 15, 2009, the Tribunal received correspondence from the corporate respondent stating that the president of the company, who was listed on the Application as the contact person, had been in hospital and passed away on January 10, 2009. The letter containing the Tribunal’s Interim Decision was left unopened until after his death. The corporate respondent requested an extension of time to respond to the Application. The corporate respondent also submitted a Form 3 (Applicant’s Reply to A Response) which, although it is made in the incorrect form, contains the same request.

4The Tribunal also received correspondence from the individual respondent, to similar effect.

5Neither communication from the respondents was copied to the applicant. The respondents are reminded of Rule 1.12 of the Rules of Procedure which requires that all written communications with the Tribunal to be delivered to all other parties.

6In the circumstances, the Tribunal allows an extension of time to file a Response. The corporate and individual respondents are directed to file a Response to the Application by Friday, March 20, 2009. Copies of the above-noted correspondence from the respondents will be sent to the applicant along with this Interim Decision.