Gloria Franklin v. Yves Rocher, 2009 HRTO 997

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Gloria Franklin

Applicant

-and-

Yves Rocher

Respondent

INTERIM DECISION

Adjudicator: David A. Wright

Date: July 8, 2009

Citation: 2009 HRTO 997

Indexed as: Franklin v. Yves Rocher

1This is an Application under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (‘the Code”) which alleges that the respondent discriminated against the applicant on the basis of race and colour in respect of services and engaged in reprisals contrary to the Code. This Interim Decision addresses the respondent’s failure to file a Response to the Application and the applicant’s failure to provide contact information for the personal respondent identified as “Mr. Van”.

Respondent’s Failure to File a Response

2On April 1, 2009, the Tribunal sent the Application to the corporate respondent, Yves Rocher, 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 Rules. Under Rule 1.22 of the Tribunal’s Rules of Procedure, a document delivered by mail is deemed received five days after the postmark date.

3It has now been more than ten days since the Response was due. The Tribunal has received no 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 may lead to orders against respondents without further notice or 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 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.

5The Tribunal shall send a copy of this Interim Decision to the respondent by courier and regular mail at the address provided in the Application. The applicant has also provided a letter she sent to the respondent, which she incorporates into her narrative, which includes the address of the store where the events allegedly took place. Accordingly this Interim Decision shall also be sent to the Yves Rocher store at the address contained in the applicant’s letter. The Tribunal shall also fax a copy of this Interim Decision to the respondent at the fax number provided for the respondent in documentation attached to the letter.

6If the respondent wishes to participate in this proceeding, it shall file a Response by July 17, 2009, together with an explanation as to why its Response was not filed by the deadline in accordance with the Tribunal’s Rules. If a Response is not received by this date, the Tribunal shall proceed without further notice to the respondent and may take any or all of the other steps set out in Rule 5.5.

No contact information for personal respondent

7The applicant names a Mr. Van as a personal respondent in this matter. However, the applicant has not provided any contact information for him.

8The Tribunal is a neutral adjudicative body whose role is to receive and determine applications under the Code. It is the responsibility of the applicant to provide accurate contact information for all named respondents. The Tribunal generally delivers completed Applications to named respondents at the addresses provided by the applicant. The Tribunal’s “Applicant’s Guide”, available on our website, www.hrto.ca, provides some examples of how contact information may be found or verified.

9In this case, the applicant has not provided any contact information for Mr. Van. If the applicant wishes to proceed with this Application against this personal respondent, she shall, by no later than July 17, 2009, provide an address so that the Tribunal may deliver a copy of the Application to him.

10If the applicant fails to provide an address for Mr. Van in the time frame specified, the Tribunal may deem the applicant to have abandoned the Application as against the personal respondent.

11I am not seized of this matter.