William Pennington v. Taylor Creek Co-operative Inc., 2010 HRTO 1253

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

William Pennington

Applicant

-and-

Taylor Creek Co-operative Inc., Dione Nembhard, Don Melanson, Michael McFarlane, John Vanlaere, Julia Cordingley, Judi Lane, William Downey, Allan Calvert, Geoff Fryer and Frances Stroud

Respondents

INTERIM DECISION

Adjudicator: Mary Truemner Date: June 2, 2010 Citation: 2010 HRTO 1253 Indexed as: Pennington v. Taylor Creek Co-operative

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 December 1, 2009.

2On March 26, 2010, the Tribunal issued a Notice of Application to the respondents. The respondents were advised that a Response must be filed with the Tribunal not later than 35 days after March 26, 2010. 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 should note 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 an address, phone number, and fax number of a contact person for the corporate respondent. The Tribunal shall send a copy of this Interim Decision to the respondents at the address provided in the Application by regular mail, courier and fax. The address provided for the personal respondents is identical to that given for the corporate respondent. If the corporate respondent does not intend to respond on behalf of some or all personal respondents it is directed to advise the Tribunal and the applicant within 5 days of the date of this Interim Decision of the last known address for service of any personal respondents on whose behalf it will not be filing a Response.

5If the respondents wish to participate in this proceeding, they shall file a Response by June 16, 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 respondents and may take any or all of the steps set out in Rule 5.5.

6I am not seized of this matter.