Elizabeth Arlette v. Scarborough Village Day Nurseries Limited and Tanya Robinson, 2009 HRTO 844

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Elizabeth Arlette

Applicant

-and-

Scarborough Village Day Nurseries Limited and Tanya Robinson

Respondents

INTERIM DECISION

Adjudicator: Faisal Bhabha

Date: June 15, 2009

Citation: 2009 HRTO 844

Indexed as: Arlette v. Scarborough Village Day Nurseries

1The applicant filed an Application under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended, (the “Code”), on February 18, 2009. On March 16, 2009, the Tribunal issued a Notice of Application and delivered the Application to the respondents by regular mail at the addresses provided by the applicant. The Notice directed the respondents to file a Response with the Tribunal no later than thirty-five (35) days from the date of the Notice. Rule 1.22 of the Tribunal’s Rules of Procedure confirms that a document delivered by mail is deemed received five days after the postmark date.

2It is now more than ten days after the date for filing the Response. The respondents have not filed a Response or otherwise communicated with the Tribunal.

3A Tribunal application is a legal proceeding. If a violation of the Code is found the Tribunal may order a respondent to make monetary compensation or other forms of restitution to the applicant and to take steps to future promote compliance with the Code. Failure to file a Response may lead to orders against a respondent without their participation. The respondents’ attention is drawn to Rule 5.5 of the Tribunal’s Rules which reads as follows:

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.

4The applicant has provided an address for each of the respondents. The Tribunal shall send a copy of this decision to the respondents by regular mail and courier.

5If the respondents wish to participate in this proceeding, a Response from each must be filed within ten days of the date of this Interim Decision, together with an explanation why it was not filed in accordance with the deadline contained in the Notice of Application. If the Response is not received by this date, the Tribunal shall proceed without further notice to the respondents, and may take any or all of the other steps set out in Rule 5.5.

6I am not seized of this matter.