R.C. v. Maple Leaf Pancake House, 2010 HRTO 1279

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

R.C. by her next friend S.C.

Applicant

-and-

Maple Leaf Pancake House

Respondent

INTERIM decision

Adjudicator: Sherry Liang

Date: June 4, 2010

Citation: 2010 HRTO 1279

Indexed as: R.C. v. Maple Leaf Pancake House

Reasons for Decision

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 July 22, 2009.

2On January 22, 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 22, 2010. As of the date of this Interim Decision the respondent has 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 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.

4The applicant has provided an address and phone 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.

5If the respondent wishes to participate in this proceeding, it shall file a Response by June 11, 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.

6It should be noted that by Interim Decision 2010 HRTO 1075 dated May 1, 2010, the respondent was directed to search its records and provide the applicant and the Tribunal with the name and current address of anyone employed by it within a specified period of time, referred to as “Jimmy”, or the most recent address of any employee fitting that description. The respondent was directed to advise the Tribunal and the applicant if no records were found. The Tribunal has not received any communication from the respondent in accordance with this direction, and the time for doing so has lapsed.

7I am not seized of this matter.