HUMAN RIGHTS TRIBUNAL OF ONTARIO
Date: 20090325
File No.: 2008-00875-I
Neutral Citation: 2009 HRTO 352
BETWEEN:
Elizabeth Martinez
Applicant
AND:
Atlantis Pavilions Inc., Manuel Cruz, Joe Vespa, and Peter Chronopoulos
Respondents
Adjudicator:
David A. Wright
INTERIM DECISION
The applicant filed an Application under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the "Code"). On January 14, 2009, the Tribunal sent the Application to the respondents by regular mail at the address provided by the applicant, together with a direction to respond no later than thirty five (35) days from that date, in accordance with the Tribunal rules. Under Rule 1.22 of the Tribunal's Rules of Procedure, a document delivered by mail is deemed received five days after the postmark date.
It has now been more than ten days since the Response was due. The Tribunal has received no Response from Manuel Cruz, nor has its correspondence been returned.
A Tribunal application is a legal proceeding, which, if a violation of the Code is found, may lead to various orders, including monetary compensation, other forms of restitution to the applicant, and orders to take action to promote compliance with the Code. Failure to file a Response or participate in a Tribunal proceeding may lead to orders against individual and corporate respondents without their participation. The respondent's attention is drawn to Rule 5.5 of the Tribunal's Rules of Procedure, which reads as follows:
5.5
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.
The applicant has provided an address for Mr. Cruz. The Tribunal shall send him a copy of this Interim Decision by courier and regular mail.
If Mr. Cruz wishes to participate in this proceeding, he shall file a Response by March 30, 2009, together with an explanation of why the Response was not filed by the deadline in accordance with the Tribunal Rules. If a Response is not received by this date, the Tribunal shall proceed without further notice to Mr. Cruz, and may take any or all of the other steps set out in Rule 5.5.
I am not seized of this matter.