HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Ruth Baffoe
Applicant
-and-
481039 Ontario Limited and Ron Sicard
Respondents
INTERIM DECISION
Adjudicator: Sheri D. Price
Indexed as: Baffoe v. 481039 Ontario
1This Interim Decision addresses the respondents’ failure to file a Response to the Application filed by the applicant under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”).
2On June 29, 2010, the Tribunal sent the Application to the respondents by regular mail at the addresses for them provided by the applicant, together with a direction to respond no later than thirty five (35) days from that date, in accordance with the Tribunal’s Rules of Procedure. Under Rule 1.22 of the Tribunal’s Rules, a document delivered by mail is deemed received five days after the postmark date.
3It is now more than seven (7) days since the Responses were due and the respondents have not filed Responses to the Application within the time frame permitted by the Tribunal’s Rules. The Tribunal’s correspondence to the respondents has not been returned.
4On July 15, 2010, the Tribunal spoke to the personal respondent and the contact person for the corporate respondent who requested a copy of the form for filing a Response to the Application. On the same date, the Tribunal sent out by email to the personal respondent and fax to the corporate respondent a copy of the form and the Respondent’s Guide to Applications under the Code. Based on this, I am satisfied that the Application has come to the attention of the respondents and that they are aware of their obligation to respond.
5A Tribunal Application is a legal proceeding, which, if a violation of the Code is found, 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 may lead to orders against respondents without further notice or 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.
6The Tribunal shall send a copy of this Interim Decision to the corporate respondent and personal respondent by courier and regular mail. If the respondents wish to participate in this proceeding, they shall file their Responses to the Application with the Tribunal by August 20, 2010, together with an explanation why their Responses were not filed by the deadline in accordance with the Tribunal’s Rules. If a Response is not received by this date, the Tribunal shall proceed without further notice to any respondent who has not filed a Response to the Application, and may take any or all of the other steps set out in Rule 5.5.
7The “Respondent’s Guide” to applications under the Code and the form for filing a “Response to an Application under section 34 of the Code” are available on the Tribunal’s website, www.hrto.ca, under “New Applications”.
8I am not seized of this matter.
Dated at Toronto, this 12th day of August, 2010.
”signed by”__________
Sheri D. Price
Vice-chair