Partipilo v. Pomer, 2009 HRTO 415

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Giuseppe Partipilo

Applicant

-and-

David Pomer

Respondent

INTERIM decision

Adjudicator: Brian Cook

Date: April 9, 2009

Citation: 2009 HRTO 415

Indexed as: Partipilo v. Pomer

1The applicant filed an Application under section 34 of the Human Rights Code, R.S.O. 1990, c. H.19 as amended, (the “Code”) on February 4, 2009.

2On February 12, 2009 the Tribunal issued a Notice to the respondent. The respondent was advised that a Response must be filed with the Tribunal not later than 35 days after February 12, 2009. As of the date of this Interim Decision the respondent has not filed a Response, nor has the Tribunal’s correspondence been returned.

3An application to the Tribunal starts a legal proceeding. A finding that a violation of the Code has occurred 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 a respondent. 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.

4Under the Tribunal’s Rules, a respondent is required to file a Response even if the respondent believes that the Tribunal lacks the jurisdiction to deal with the Application (the exception to this is when the respondent is federally regulated, which is not the case here). A respondent can file a Request for Order During Proceeding if the respondent believes that the Application falls outside the Tribunal’s jurisdiction, but it must also file a Response. The Response form and the Request for Order During Proceedings form are available from the Tribunal Registrar or the Tribunal’s website, as is a Guide for Respondents.

5The applicant has provided contact information for the respondent, including a mailing address and a fax number. The Tribunal shall send a copy of this interim decision to the respondent by courier and fax.

6If the respondent wishes to participate in this proceeding, he must file a Response by April 23, 2009, together with an explanation of why the Response was not filed in accordance with the February 12, 2009 Notice. If a Response is not received, the Tribunal may proceed without further notice to the respondent and may take any or all of the steps set out in Rule 5.5.

7I am not seized of this matter.