Valade v. Duncor Enterprises, 2010 HRTO 1054

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Josee Valade

Applicant

-and-

Duncor Enterprises Inc., Scott Schamehom,

Bruce Duncan and Brian Duncan

Respondents

INTERIM DECISION

Adjudicator: Faisal Bhabha

Date: May 11, 2010

Citation: 2010 HRTO 1054

Indexed as: Valade v. Duncor Enterprises

1The applicant filed an Application under section 34 of Part IV of the Human Rights Code, R.S.O. 1990, c. H.19 as amended, (the "Code") on January 18, 2010. She alleges discrimination on the basis of sex, and reprisal, in employment.

2On March 3, 2010, the Tribunal issued a Notice of Application to the respondents. The respondents were advised that a Response (Form 2) must be filed with the Tribunal not later than 35 days. As of the date of this Interim Decision the respondents have not filed a Response, nor has the Tribunal's correspondence been returned.

3An 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.

4The applicant has provided a mailing address, fax number and email addresses for the respondents. The Tribunal shall send a copy of this Interim Decision to the respondents by regular mail, courier and email.

5The respondents shall file a Response within 7 days of the date of this Interim Decision. If a Response is not received, the Tribunal may proceed without further notice to the respondents and may take any or all of the steps set out in Rule 5.5.

6I am not seized of this matter.