HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Paul Lombardi
Applicant
-and-
Walton Enterprises o/a Midas Auto Services Experts, Domenic Mollica and Ian Watson
Respondents
INTERIM decision
Adjudicator: Mary Truemner
Indexed as: Lombardi v. Walton Enterprises
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 March 10, 2010.
2On April 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 April 26, 2010. As of the date of this Interim Decision the personal respondent, Ian Watson, 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, phone number, and fax number for the personal respondent, Ian Watson, which is the same contact information as provided for the other personal respondent, Domenic Mallica, who filed a Response shared with the corporate respondent.
5The Tribunal shall courier, fax and mail a copy of this Interim Decision to Mr. Watson using the contact information indicated on the Application. If the other respondents are aware of more appropriate contact information, then they are directed to provide it to the Tribunal, copying the applicant.
6If Mr. Watson wishes to participate in this proceeding, he shall file a Response by July 29, 2010, together with an explanation of why his Response was not filed in accordance with the Notice of Application. If his Response is not received, the Tribunal may proceed without further notice to the respondent, Mr. Watson, and may take any or all of the steps set out in Rule 5.5.
7I am not seized of this matter.
Dated at Toronto, this 19^th^ day of July, 2010.
”signed by”_________________
Mary Truemner
Vice-chair