Kathryn Bodnar v. Riders Haven Equestrian Centre and Gary Kirk, 2009 HRTO 290

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Kathryn Bodnar Applicant

-and-

Riders Haven Equestrian Centre and Gary Kirk Respondents

INTERIM DECISION

Adjudicator: Alan Whyte Date: March 13, 2009 Citation: 2009 HRTO 290 Indexed as: Bodnar v. Riders Haven Equestrian Centre

1The applicant filed an Application under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended, (the “Code”), on October 28, 2008. On November 21, 2008 the Tribunal issued a Notice of Application and delivered the Application to the respondents by regular mail at the address provided by the applicant. The Notice directed the respondents to file a Response with the Tribunal no later than thirty-five (35) days from the date of the Notice. Rule 1.22 of the Tribunal’s Rules of Procedure confirms that a document delivered by mail is deemed received five days after the postmark date.

2No Response was received within the thirty-five (35) day time limit. The Tribunal obtained another address for the personal respondent (who is shown on the Application as being the contact person for the organizational respondent) and the Application and Notice of Application were sent to that new address with a letter dated February 13, 2009. That letter required a Response to be filed with the Tribunal by February 27, 2009.

3It is now more than ten days after the date for filing the Response. Neither of the respondents have filed their Response or otherwise communicated with the Tribunal. None of the Tribunal’s correspondence to the respondents has been returned.

4A Tribunal application is a legal proceeding. If a violation of the Code is found the Tribunal may order a respondent to make monetary compensation or other forms of restitution to the applicant and to take steps to promote future compliance with the Code. 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 two addresses for the individual respondent who is also the contact person for the organizational respondent. The Tribunal shall send a copy of this decision to the respondents by regular mail and courier, at both addresses.

6If the respondents wish to participate in this proceeding, a Response must be filed by 10 days from the date of this decision together with an explanation why it was not filed in accordance with the deadline contained in the Notice of Application and the letter from the Tribunal dated February 13, 2009. If the Response is not received by this date, the Tribunal shall proceed without further notice to the respondents, and may take any or all of the other steps set out in Rule 5.5.

7I am not seized of this matter.