Stewart Addley v. Teletech Holdings, 2009 HRTO 561

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Stewart Addley Applicant

-and-

Teletech Holdings Respondent

INTERIM DECISION

Adjudicator: Michael Gottheil Date: May 4, 2009 Citation: 2009 HRTO 561 Indexed as: Addley v. Teletech Holdings

1This is an Application filed under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), alleging discrimination in employment on the grounds of disability and reprisal. The Tribunal issued a Notice of Application on January 21, 2009.

2As a result of the respondent’s failure to file its Response within 35 days of the Notice of Application, as required by the Rules, on March 17, 2009 the Tribunal issued a “no response” decision, 2009 HRTO 309. That decision advised the respondent that if it wished to participate in the proceedings before the Tribunal, it was required to file its Response no later than March 24, 2009. The decision also cautioned the respondent that if it failed to file its Response by that date, the Tribunal might deem the respondent to have accepted all of the allegations in the Application, and proceed without the participation of the respondent. The respondent did not file a Response as directed.

3On April 20, 2009 the Tribunal received correspondence from counsel for the respondent requesting an extension to file a Response until May 15, 2009. Counsel advised that the individual who had been responsible for preparing the Response had left the employ of the respondent. The April 20, 2009 letter does not appear to have been copied to the applicant as required by the Rules.

4The Tribunal grants the respondent’s request for an extension to May 15, 2009 to file a Response. However, if the respondent fails to file a Response by May 15, 2009, in the way required by the Rules, the Tribunal shall deem the respondent to have accepted all of the allegations set out in the Application, shall deem the respondent to have waive its right to participate in these proceedings, and may proceed without further notice to the respondent.

5The respondent is reminded that all correspondence to the Tribunal must be copied to the applicant. In addition, in these circumstances, the Tribunal directs the respondent to deliver a copy of its Response to the applicant before, or at the same time it files it with the Tribunal.

6I am not seized of this matter.