Modica v. Bolle, 2009 HRTO 881

Human Rights Tribunal of Ontario

B E T W E E N:

Pauline Modica Applicant

-and-

Jan Bolle Respondent

INTERIM DECISION

Adjudicator: Mary Truemner Date: June 18, 2009 Citation: 2009 HRTO 881 Indexed as: Modica v. Bolle

1The applicant filed an Application alleging Contravention of Settlement pursuant to s. 45.9(3) of the Human Rights Code, R.S.O. 1990, c. H.19, as amended, (the “Code”). The Application alleges a contravention of minutes of settlement entered into between the applicant and the respondent on January 6, 2009, to resolve an earlier Application filed by the applicant pursuant to s. 34 of the Code.

2On April 2, 2009 the Application was delivered by the applicant to the respondent by mail. A Statement of Delivery was filed by the applicant with the Tribunal.

3Pursuant to Rule 24.3 of the Tribunal’s Rules, the respondent must deliver and file any Response using Form 19 not later than fourteen days after the Application was delivered. The date for filing the Response passed and the Tribunal issued an Interim Decision, 2009 HRTO 501, directing the respondent to file a Response within 10 days.

4The respondent e-mailed the Tribunal with a copy to the applicant on April 30, 2009. The e-mail stated that all the money owed pursuant to the settlement had been paid except a final $200 which would be paid before June 1, 2009.

5While the e-mail was not a Form 19 Response, it addressed the substance of the Applicant’s allegations. Pursuant to Rule 5.2, I waive the strict application of the Rules so that no further document needs to be filed by the respondent. The Registrar will schedule the Application for a hearing.

7I am not seized of this matter.