Christine Hill-LeClair v. Joseph Booth, 2009 HRTO 349

Human Rights Tribunal of Ontario

B E T W E E N:

Christine Hill-LeClair Applicant

-and-

Joseph Booth Respondent

INTERIM DECISION

Adjudicator: Eric Whist Date: March 25, 2009 Citation: 2009 HRTO 349 Indexed as: Hill-LeClair v. Booth

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 December 31, 2008. She filed additional information on January 23, 2009. On January 26, 2009 the Tribunal issued a Notice of Application and delivered the Application to the respondent by regular mail at the Ontario address provided by the applicant. The Notice directed the respondent to file a Response with the Tribunal no later than thirty-five (35) days from the date of the Notice.

2On March 6, 2009 the respondent contacted the Tribunal to state that he was currently serving in the military in New Brunswick. He stated that the Notice of Application had recently been forwarded to him by a friend but that he was unable to print a copy of the Response (Form 2) as he did not have access to a computer. By agreement the Tribunal faxed a copy of the Response to the respondent on March 6, 2009. The respondent stated that he would fax a completed copy of the Response to the Tribunal on March 9, 2009.

NO RESPONSE

3The Tribunal has received no Response from the respondent. When the respondent contacted the Tribunal on March 6, 2009 it was already past the due date for filing his Response. The respondent provided some rationale for his failure to provide a timely Response. He indicated that there was a delay in his receiving the Notice and that he was unable to print a copy of the needed Response form. However, he committed to providing his Response by March 9, 2009. That was over two weeks ago.

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 respondent's 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.

5If the respondent wishes to participate in this proceeding, a Response must be filed by April 8, 2009.

6The respondent may wish to consult the Tribunal's website: www.hrto.ca. The website includes information for applicants and respondents, including a Respondent's Guide, which is found under the New Applications tab on the web site. A copy of the Guide may also be requested from the Tribunal Registrar.

7If the Response is not received the Tribunal may proceed without further notice to the respondent, and may take any or all of the other steps set out in Rule 5.5.

8I am not seized of this matter.