HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Patricia Anderson
Applicant
-and-
Movie Gallery Store # 2430 and Gordeen Hogean
Respondents
INTERIM DECISION
Adjudicator: Brian Cook
Indexed as: Anderson v. Movie Gallery Store
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 November 19, 2009. The Application alleges discrimination in employment on the grounds of disability.
2On January 25, 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 25, 2010.
3In February 2010, the corporate respondent sent a series of emails to the Tribunal Registrar asking for copies of the Response form (Form 2), and a copy was sent.
4On March 1, 2010, the corporate respondent emailed the Tribunal’s Registrar asking for an extension of time to March 15, 2010, which was granted.
5On March 15, 2010, the corporate respondent filed a “Position Statement”. It sets out the position of the corporate respondent in narrative form. A Response was not filed.
6On March 26, 2010, the Registrar sent a Notice of Incomplete Response to the respondents. It reminded the respondents of the need to file a Response in Form 2 and provided further information about how to access the document.
7As of the date of this Interim Decision the respondent has not filed a Response.
8An 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.
9Rule 8 of the Tribunal’s Rules of Procedure provides as follows:
8.1 To respond to an Application under sections 34(1) or 34(5) of the Code, a Respondent must file a complete Response in Form 2 not later than (thirty-five) 35 days after a copy of the Application was sent to the Respondent by the Tribunal.
8.2 A complete Response must provide the information requested in each section of the Form 2, respond to each allegation set out in the Application and must also include any additional facts and allegations on which the Respondent relies. Where a Respondent alleges the issues in dispute in the Application are the subject of:
a) a full and final signed release between the parties, or
b) a civil court proceeding requesting a remedy based on the alleged human rights infringement, or
c) a complaint filed with the Ontario Human Rights Commission,
the Respondent need not respond to the allegations in the Application, but must attach a copy of the applicable release, or statement of claim or court decision, or complaint filed with the Ontario Human Rights Commission or its decision to the Response. Notwithstanding anything else in Rule 8.2, the Tribunal may direct a Respondent to file a complete Response where the Tribunal considers it appropriate.
8.3 A Response that is not complete:
a) may be sent back to the Respondent with an explanation of how the Response is incomplete; and
b) may be re-submitted no later than (twenty) 20 days after the Response was sent back.
10The respondents have failed to comply with Rule 8 of the Tribunal’s Rules of Procedure because the respondents have not filed a Response. The Tribunal requires a completed Response in Form 2. A continued failure to comply may trigger significant consequences (see Rule 5.5 of the Tribunal’s Rules of Procedure).
11If the respondents wish to participate in this proceeding, they shall file a Response by filing a complete Response (Form 2) within 5 days of the date of this Interim decision. If a Response is not received, the Tribunal may take any or all of the steps set out in Rule 5.5. The respondents need file only one Response if both the corporate respondent and the personal respondent take the same position with respect to the Application.
12I am not seized of this matter.
Dated at Toronto, this 21st day of May, 2010.
“Signed by”
Brian Cook
Vice-chair