Sandra Lysionek v. Hospital Regional Sudbury Regional Hospital, 2009 HRTO 594

Human Rights Tribunal of Ontario

B E T W E E N:

Sandra Lysionek

Applicant

-and-

Hospital Regional Sudbury Regional Hospital

Respondent

INTERIM DECISION

Adjudicator: Jay Sengupta

Date: May 7, 2009

Citation: 2009 HRTO 594

Indexed as: Lysionek v. Sudbury Regional Hospital

1On February 22, 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 disability in employment and reprisal or the threat of reprisal.

2On March 16, 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. At the same time, the Application was also sent to the Ontario Nurses Association as an affected party.

3It 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.

4A 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.

5The 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.

6If 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 16, 2009. If a Response is not received by this date, the Tribunal may proceed without further notice to the respondent, and may take any or all of the other steps set out in Rule 5.5.

7I am not seized of this matter.