Budd v. Craiglee Nursing Home, 2010 HRTO 1068

Human Rights Tribunal of Ontario

B E T W E E N:

Elaine Budd

Applicant

-and-

Craiglee Nursing Home, Celia McDougall and Roy McDougall

Respondents

INTERIM DECISION

Adjudicator: Kathleen Martin

Date: May 12, 2010

Citation: 2010 HRTO 1068

Indexed as: Budd v. Craiglee Nursing Home

1The applicant filed an Application under section 34 of the Human Rights Code, R.S.O. 1990, c. H.19 as amended, (the "Code") on January 7, 2010.

2On March 17, 2010 the Tribunal issued a Notice of Application to the respondents at the address identified by the applicant. All respondents were served at the address of the organizational respondent. The respondents were advised that a Response must be filed with the Tribunal not later than 35 days from March 17, 2010. As of the date of this Interim Decision none of the respondents have filed a Response, nor has the Tribunal's correspondence been returned.

3On May 5, 2010, the applicant advised the Tribunal that the organizational respondent went into receivership on April 28, 2009 but that it is still in operation. In addition, the applicant advised that the individual respondents are no longer employed with the organizational respondent. The applicant has provided an incomplete address for Ms. McDougall and has not provided any new address for Mr. McDougall.

4An 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 organizational 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 applicant has provided an address and phone number for the organizational respondent. The Tribunal shall send a copy of this Interim Decision to the organizational respondent by regular mail and courier.

6If the organizational respondent wishes to participate in this proceeding, it shall file a Response within 10 days of the date of this Interim Decision, 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.

7With respect to the individual respondents, as the Tribunal stated in Guild v. Kyle-Jansen, 2008 HRTO 347, while the Tribunal delivers completed applications to respondents, it is the responsibility of the applicant to provide accurate contact information and the Tribunal relies on applicants to provide a correct address for respondents named in their applications.

8Rule 6.6(b) provides that the Tribunal will not deal with an application in respect of a respondent who cannot be contacted at the contact information provided by the applicant. As such, where the Tribunal cannot be satisfied that a respondent has received notice of an application, it may not deal with the application in respect of that respondent.

9In the present case, the Notice of Application was mailed to the individual respondents at the organizational respondent's address (as provided by the applicant). Although these materials were not returned, the applicant has subsequently confirmed that the individual respondents are no longer employed by the organizational respondent.

10In these circumstances, I am not satisfied that individual respondents have received notice of the Application. The applicant will be required to make efforts to ascertain an address or contact information at which the individual respondents can be provided with the Notice of Application.

11If the applicant is unable to find a complete and current address for one or both of the individual respondents, the applicant may wish to request that the Tribunal issue an order pursuant to Rule 1.7(p) requiring the organizational respondent, to provide contact information for the individual respondents. If such a request were made, the Tribunal would consider the request and determine whether it was appropriate to make such an order.

12The Tribunal makes the following order:

If the applicant wishes to proceed with this Application against the individual respondents, the applicant shall, within 10 days of the date of this Interim Decision, provide a complete and current address for Celia McDougall and Roy McDougall or seek an order requiring the organizational respondent to provide this information.

13I am not seized of this matter.