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Human Rights Tribunal of Ontario
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**Between:**
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Aileen Saligumba
Applicant
-and-
The Hudson’s Bay Company Store #1560 and Richard Montgomery
Respondents
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**Interim Decision**
**Adjudicator:** Ena Chadha
**Date:** July 19, 2010
**Citation:** 2010 HRTO 1558
**Indexed as:** Saligumba v. Hudson’s Bay Company Store #1560
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[1] The applicant filed an Application under section 34 of the *Human Rights Code*, R.S.O. 1990, c. H.19 as amended, (the “Code”) on February 4, 2010.
[2] On 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 no 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.
[3] An 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.
[4] The applicant has provided the name of a contact person for the organizational respondent and an address for the respondents. The Tribunal shall send by courier and regular mail a copy of this Interim Decision to the contact person identified for the organizational respondent. The Tribunal will also send by courier and regular mail a copy of this Interim Decision to the individual respondent.
[5] If the respondents wish to participate in this proceeding, the respondents shall file a Response by 14 days from date of this Interim Decision, 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.
[6] I am not seized of this matter.
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Dated at Toronto, this 19th day of July, 2010.
“Signed By”
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Ena Chadha
Vice-chair
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minicounsel