Angela Dewartz v. Fifty’s Restaurant, 2010 HRTO 1588

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Angela Dewartz

Applicant

-and-

Fifty’s Restaurant

Respondent

INTERIM DECISION

Adjudicator: Ena Chadha

Date: July 21, 2010

Citation: 2010 HRTO 1588

Indexed as: Dewartz v. Fifty’s Restaurant

1The applicant filed an Application on March 9, 2010 under section 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended, (the “Code”).

2On May 25, 2010, the Tribunal issued a Notice of Application to the respondent. The Notice of Application advised the respondent that a Response must be filed with the Tribunal no later than 35 days from May 25, 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 the Tribunal with a mailing address for the organizational respondent and the name of a contact person for the organizational 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 no later than fourteen days from the date of this 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.

6I am not seized of this matter.