HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
V.M.J.
Applicant
-and-
Belleville Christian School and Harold Fledderus
Respondents
INTERIM DECISION
Adjudicator: Brian Eyolfson Date: March 20, 2009 Citation: 2009 HRTO 292 Indexed as: V.M.J. v. Belleville Christian School
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 respondent, Belleville Christian School, on January 6, 2009, to resolve an earlier Application filed by the applicant pursuant to s. 34 of the Code. As the earlier Application was filed by the applicant as litigation guardian on behalf of her minor child, the Tribunal will identify the applicant by her initials in the style of cause of this Interim Decision.
2On February 17, 2009, the Application (Form 18) was delivered by the applicant to the respondents by 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 a Response (Form 19), if any, not later than fourteen (14) days after the Form 18 was delivered. Rule 1.22 of the Tribunal's Rules confirms that a document delivered by mail is deemed received five days after the postmark date. It is now more than 10 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 decision to the respondents by regular mail and courier.
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 respondents, and make take any or all of the other steps set out in Rule 5.5.
7I am not seized of this matter.
Dated at Toronto, this 20th day of March, 2009.
"Signed by"
__________________________________
Brian Eyolfson
Vice-chair