Lillian Napierala v. North of Superior Programs and Paula Bosanac, 2009 HRTO 348

Human Rights Tribunal of Ontario

B E T W E E N:

Lillian Napierala Applicant

-and-

North of Superior Programs and Paula Bosanac Respondents

INTERIM DECISION

Adjudicator: Brian Cook Date: March 25, 2009 Citation: 2009 HRTO 348 Indexed as: Napierala v. North of Superior Programs

1The applicant filed an Application under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended, (the "Code"), in November 2008. It was accepted for processing by the Tribunal in January 2009 and on January 7, 2009 the Tribunal issued a Notice of Application and delivered the Application to the respondents by regular mail at addresses provided by the applicant.

2Both envelopes were returned to the Tribunal with a Canada Post label that indicated that it was to be returned to the sender on the grounds that it had been "refused".

3The Notice was resent on January 19, 2009. The Notice was mailed to the corporate respondent at an alternate mailing address provided by the applicant. It was mailed to the personal respondent at the original mailing address. The envelope sent to the personal respondent was returned with a Canada Post stamp indicating that it had been "refused by addressee". The mailing to the corporate respondent was not returned or refused.

4The Notice directed the respondents to file a response with the Tribunal no later than thirty-five (35) days from the date of the Notice.

5A 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.

6The applicant has provided an address for the corporate respondent and the Notice sent to the corporate respondent has not been returned. She has also provided a fax number and email address for the corporate respondent. The Tribunal shall send a copy of this Interim Decision to the corporate respondent by email, regular mail, courier and fax.

7The applicant has provided an address for the personal respondent and a Notice of Application has been sent on two occasions to that address. On both occasions, the envelope was apparently "refused" by the addressee, suggesting that it was mailed to a correct address but that the personal respondent refused to accept it.

8The Tribunal will send a copy of this Interim Decision addressed to the personal respondent by regular mail at the address provided by the applicant and also will send it in care of the corporate respondent by email, regular mail, courier and fax.

9The corporate respondent is directed to provide the Tribunal and the applicant with the personal respondent's current address and mailing address or, if it is not aware of the current address and mailing address, the most recent mailing address for the personal respondent. The corporate respondent is directed to provide this information within seven days of the date of this Interim Decision.

10If the respondents wish to participate in this proceeding, a Response must be filed by April 9, 2009, together with an explanation of why one was not filed in accordance with the deadline contained in the Notice of Application. If the Response is not received by this date, the Tribunal may proceed without further notice to the non-responding respondents, and may take any or all of the other steps set out in Rule 5.5.

11A respondent is not required to file a full response to an application in all circumstances. The Response form permits a respondent to request early dismissal of the application without a full response in certain circumstances. These include where a claim based on the same facts has been filed in civil court requesting a remedy based on the alleged human rights violation, or if the applicant has signed a full and final release with respect to the same matter.

12I am not seized of this matter.