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Cynthia Hilts v. Tim Horton’s (Christina T.H. Corp.), 2009 HRTO 519 — HRTO | minicounsel | minicounsel

April 28, 2009

Cynthia Hilts v. Tim Horton’s (Christina T.H. Corp.), 2009 HRTO 519

Case Summary

The applicant filed an application alleging sex discrimination in employment. The respondent failed to file a response within the required 35-day period. The Tribunal issued an interim decision directing the respondent to file a response within 5 days, along with an explanation for the delay, failing which the Tribunal may proceed without further notice to the respondent.

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Cynthia Hilts

Applicant

-and-

Tim Horton’s (Christina T.H. Corp.)

Respondent

INTERIM DECISION

Adjudicator: Alison Renton

Date: April 28, 2009

Citation: 2009 HRTO 519

Indexed as: Hilts v. Tim Horton’s

[1] On February 10, 2009, the applicant filed an Application under Part IV of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), alleging discrimination on the basis of sex in employment.

[2] On March 4, 2009, the Tribunal sent the Application to the respondent by regular mail at the address provided by the applicant, together with a direction to respond no later than thirty-five (35) days from that date, in accordance with the Tribunal’s Rules. Under Rule 1.22 of the Tribunal’s Rules of Procedure, a document delivered by mail is deemed received five (5) days after the postmark date.

[3] It has now been more than ten (10) days since the Response was due. The Tribunal has not received a Response from the respondent, nor has its correspondence been returned.

[4] A Tribunal application is a legal proceeding which, if a violation of the Code is found, 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 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.

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

[6] If the respondent wishes to participate in this proceeding, a Response must be filed within five (5) days from the date of receipt of this Interim Decision together with an explanation of why the Response was not filed earlier in accordance with the Tribunal Rules and the direction contained in the Notice sent March 4, 2009. If a 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.

[7] I am not seized of this matter.

Dated at Toronto, this 28^th^ day of April, 2009.

“Signed by”

Alison Renton

Vice-chair