Withey v. Philopateer Christian College, 2010 HRTO 1439

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Linda Withey

Applicant

-and-

Philopateer Christian College, Mary Dell’Anno and Father Angelos

Respondents

INTERIM decision

Adjudicator: Judith Keene

Date: June 30, 2010

Citation: 2010 HRTO 1439

Indexed as: Withey v. Philopateer Christian College

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 11, 2010.

2On April 16, 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 April 16, 2010. As of the date of this Interim Decision, none of the respondents has 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 an address and phone number for each of the respondents, and in one case, an email address. The Tribunal shall send a copy of this Interim Decision to the respondents by regular mail and courier.

5If the respondents wish to participate in this proceeding, they must file a Response or Responses by July 14, 2010, together with an explanation of why Responses were not filed in accordance with the Notice of Application and letter from the Registrar. If a Response is not received from any respondent named in the Application, the Tribunal may proceed without further notice to that respondent, and may take any or all of the steps set out in Rule 5.5.

6I am not seized of this matter.