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Frank Spezzano v. Walters Inc., 2009 HRTO 511 — HRTO | minicounsel | minicounsel

April 27, 2009

Frank Spezzano v. Walters Inc., 2009 HRTO 511

Case Summary

The applicant filed a human rights application against the respondent. The respondent failed to file a response within the required 35-day period. The Tribunal issued an interim decision warning the respondent of the consequences of failing to participate under Rule 5.5 of the Tribunal's Rules of Procedure, and granted an extension until May 4, 2009, to file a response along with an explanation for the delay.

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Frank Spezzano

Applicant

-and-

Walters Inc.

Respondent

INTERIM decision

Adjudicator: Mary Truemner

Date: April 27, 2009

Citation: 2009 HRTO 511

Indexed as: Spezzano v. Walters

[1] The 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 24, 2009.

[2] On March 11, 2009, the Tribunal issued a Notice of Application to the respondent. The respondent was advised that a Response must be filed with the Tribunal not later than 35 days after March 11, 2009. As of the date of this Interim Decision the respondent has not filed a Response, nor has the Tribunal’s correspondence been returned.

[3] An 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 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.

[4] The applicant has provided an address, phone number, and fax number of a contact person for the respondent. The Tribunal shall send a copy of this interim decision to the respondent by regular mail, courier and fax.

[5] If the respondent wishes to participate in this proceeding, it shall file a Response by May 4, 2009, together with an explanation of why the Response was not filed in accordance with the March 11, 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.

[6] I am not seized of this matter.

Dated at Toronto, this 27^th^ day of April, 2008.

“Signed by”

Mary Truemner

Vice-chair