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Amanda Bickell v. The Country Grill, 2010 HRTO 1041 — HRTO | minicounsel | minicounsel

May 10, 2010

Amanda Bickell v. The Country Grill, 2010 HRTO 1041

Case Summary

The applicant filed an application under section 34 of the Human Rights Code. The respondent failed to file a Response within the required 35-day period after receiving the Notice of Application. The Tribunal issued an interim decision warning the respondent that failure to participate could lead to the Tribunal proceeding without further notice and deeming the respondent to have accepted the allegations, pursuant to Rule 5.5 of the Rules of Procedure. The Tribunal granted the respondent a final opportunity to file a Response by May 13, 2010, along with an explanation for the delay.

Human Rights Tribunal of Ontario

B E T W E E N:

Amanda Bickell

Applicant

-and-

The Country Grill

Respondent

INTERIM decision

Adjudicator: Judith Keene

Date: May 10, 2010

Citation: 2010 HRTO 1041

Indexed as: Bickell v. Country Grill

[1] The applicant filed an Application under section 34 of the Human Rights Code, R.S.O. 1990, c. H.19 as amended, (the “Code”) on December 8, 2009.

[2] On January 26, 2010, the Tribunal issued a Notice of Application to the respondent. The respondent was advised that a Response must be filed with the Tribunal not later than 35 days after January 26, 2010. As of the date of this Interim Decision the respondent has not filed a Response, nor has the Tribunal’s correspondence been returned.

[3] An 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.

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

[5] If the respondent wishes to participate in this proceeding, it shall file a Response by May 13, 2010, together with an explanation of why the Response was not filed in accordance with the Notice of Application. 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.

[6] I am not seized of this matter.

Dated at Toronto, this 10^th day of May, 2010.

“Signed by”

Judith Keene

Vice-chair