Slater v. Waterloo Catholic District School Board, 2009 HRTO 408

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Nancy Slater

Applicant

-and-

Waterloo Catholic District School Board, Janet Kauk, Sandra DeLangis,

Lena Kidd and Cindy Thiel

Respondents

INTERIM DECISION

Adjudicator: Alan Whyte

Date: April 9, 2009

Citation: 2009 HRTO 408

Indexed as: Slater v. Waterloo Catholic District School Board

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 January 14, 2009. On February 19, 2009 the Tribunal issued a Notice of Application and delivered the Application to the respondents by regular mail at the addresses provided by the applicant. The Notice directed the respondents to file a Response with the Tribunal no later than thirty-five (35) days from the date of the Notice.

2The respondents’ Response was due no later than March 26, 2009. The Tribunal has received no Response from the respondent Janet Kauk and the Notice of Application and service package has not been returned. All other respondents have responded to the Application.

3A 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.

4If the respondent Janet Kauk wishes to participate in this proceeding, a Response must be filed by 14 days from the date of this Interim 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 her, and may take any or all of the other steps set out in Rule 5.5. This Interim Decision is to be sent to Janet Kauk by regular mail and courier.

5The respondent Janet Kauk 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.

6I am not seized of this matter.