Japal v. Massilly North America, 2010 HRTO 1727

Human Rights Tribunal of Ontario

BETWEEN:

Christine Japal Applicant

-and-

Massilly North America Inc., Sahadeo Persaud and Contract Staffing Inc. Respondents

INTERIM DECISION

Adjudicator: Faisal Bhabha Date: August 20, 2010 Citation: 2010 HRTO 1727 Indexed as: Japal v. Massilly North America

1The applicant filed an Application under section 34 of Part IV of the Human Rights Code, R.S.O. 1990, c. H.19 as amended (the "Code") on January 14, 2010. She alleges workplace discrimination and harassment on the basis of sex and sexual solicitation.

2On May 20, 2010, the personal respondent filed a Response. On May 25, 2010, the corporate respondent, Massilly North America Inc. ("Massilly"), filed its Response in which it named an additional corporate respondent, Contract Staffing Inc. On June 21, 2010, the Tribunal issued a Notice of Application to the additional corporate respondent, advising that a Response (Form 2) must be filed with the Tribunal not later than 35 days. As of the date of this Interim Decision, the additional corporate 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 a telephone number and mailing address for Contract Staffing Inc. The Tribunal shall send a copy of this Interim Decision to the respondent by regular mail and courier.

5The respondent, Contract Staffing Inc. shall file a Response within seven days of the date of this Interim Decision. 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.

6Additionally, the personal respondent has requested that the Application be dismissed because another proceeding has in whole or in part appropriately dealt with the substance of the Application. In support of this request, the personal respondent cites his acquittal at trial on criminal charges that arose out of the same facts as this case.

7None of the other parties have provided submissions on the personal respondent's request for early dismissal. The applicant did not file a Reply.

8In the circumstances, it is appropriate to give the other parties an opportunity to make submissions on the request. Any party wishing to respond to the personal respondent's request for early dismissal should deliver to the other parties and file with the Tribunal their submissions within 15 days of the date of this Interim Decision.

9I am not seized of this matter.