Human Rights Tribunal of Ontario

B E T W E E N:

Jeffrey Rees

Applicant

-and-

SVAT Electronics

Respondent

INTERIM DECISION

Adjudicator: Eric Whist

Date: March 30, 2009

Citation: 2009 HRTO 368

Indexed as: Rees v. SVAT Electronics

[1] 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 December 1, 2008. He filed additional information on February 12, 2009. On February 12, 2009 the Tribunal issued a Notice of Application and delivered the Application to the respondent by regular mail at the 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.

[2] The respondent’s Response was due no later than March 19, 2009. The Tribunal has received no Response from the respondent and the Notice of Application and service package has not been returned.

[3] A 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 of Procedure 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.

[4] If the respondent wishes 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. If the Response is not received by this date, the Tribunal shall proceed without further notice to the respondent, and may take any or all of the other steps set out in Rule 5.5.

[5] The 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 website. A copy of the Guide may also be requested from the Tribunal Registrar.

[6] I am not seized of this matter.

Dated at Toronto, this 30^th^ day of March, 2009.

“Signed by”

Eric Whist

Vice-chair