Pauline Modica v. Jan Bolle, 2009 HRTO 501

Human Rights Tribunal of Ontario

B E T W E E N:

Pauline Modica

Applicant

-and-

Jan Bolle

Respondent

INTERIM DECISION

Adjudicator: Mary Truemner

Date: April 24, 2009

Citation: 2009 HRTO 501

Indexed as: Modica v. Bolle

1The applicant filed an Application alleging Contravention of Settlement (Form 18) pursuant to s. 45.9(3) of the Human Rights Code, R.S.O. 1990, c. H.19, as amended, (the “Code”). The Application alleges a contravention of minutes of settlement entered into between the applicant and the respondent, Jan Bolle, on January 6, 2009, to resolve an earlier Application filed by the applicant pursuant to s. 34 of the Code.

2On April 2, 2009, the Application (Form 18) was delivered by the applicant to the respondent by mail. A Statement of Delivery was filed by the applicant with the Tribunal.

3Pursuant to Rule 24.3 of the Tribunal’s Rules, a party who is served with a Form 18 must deliver and file a Response (Form 19), if any, not later than fourteen (14) days after the Form 18 was delivered. Rule 1.22 of the Tribunal’s Rules confirms that a document delivered by mail is deemed received five days after the postmark date. The date for filing the Response has passed, and the respondent has not yet filed a Response.

4A Tribunal application is a legal proceeding. If a contravention of the settlement is found, the Tribunal may make any order it considers appropriate to remedy the contravention. 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.

5The applicant has provided an address for the respondent. The Tribunal shall send a copy of this Interim Decision to the respondent by regular mail and courier.

6If the respondent wishes to participate in this proceeding, a Response must be filed by 10 days from the date of this Interim Decision together with an explanation why it was not filed in accordance with the deadline required by the Rules. If the Response is not received by this date, the Tribunal shall proceed without further notice to the respondent, and take any or all of the other steps set out in Rule 5.5.

7I am not seized of this matter.