Krista Coughlan v. Travel Lodge and Andi Koprajda, 2009 HRTO 599

Human Rights Tribunal of Ontario

B E T W E E N:

Krista Coughlan

Applicant

-and-

Travel Lodge and Andi Koprajda

Respondents

INTERIM DECISION

Adjudicator: Judith Keene

Date: May 8, 2009

Citation: 2009 HRTO 599

Indexed as: Coughlan v. Travel Lodge

1This is an Interim Decision in respect of an Application filed on January 5, 2009 under section 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended, (the "Code"). On March 12, 2009, the Tribunal issued a Notice of Application to the respondents. The respondents were advised that a Response must be filed with the Tribunal not later than 35 days after March 12, 2009. As of the date of this Interim Decision the respondents have not filed a Response, nor has the Tribunal's correspondence been returned.

2An 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 respondents' 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.

3The applicant has provided an address, phone number, and fax number of a contact person for the respondents. The Tribunal shall send a copy of this Interim Decision to the respondents by regular mail, courier and fax.

4If the respondents wish to participate in this proceeding, they shall file a Response by May 15, 2009, together with an explanation of why the Response was not filed in accordance with the March 12, 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.

5I am not seized of this matter.