Braun v. Sunshine Landscaping, 2010 HRTO 1801

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Ramy Braun

Applicant

-and-

Sunshine Landscaping, Valdir Prado and Alex Paraskevopoulos

Respondents

INTERIM DECISION

Adjudicator: Sherry Liang

Date: September 1, 2010

Citation: 2010 HRTO 1801

Indexed as: Braun v. Sunshine Landscaping

1This is an Application filed on January 27, 2010 under section 34 of Part IV of the Human Rights Code, R.S.O. 1990, c. H.19 as amended (the “Code”).

2This Interim Decision deals with two issues: an address for the individual respondent Alex Paraskevopoulous, and an address for the applicant.

ALEX PARASKEVOPOULOS

3The respondents Sunshine Landscaping and Valdir Prado have filed a Response. Alex Paraskevopoulos has not filed a Response. The Notice of Application was sent to him at the address provided by the applicant, which appears to be a residence and which is the address given for both the corporate respondent and the respondent Mr. Prado.

4Email correspondence from the respondent Mr. Prado to the Tribunal suggests that he has been in contact with Mr. Praskevopoulos.

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 personal and corporate respondents without further notice or their participation.

6Rule 5.5 of the Tribunal’s Rules of Procedure 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.

7The Tribunal shall send a copy of this Interim Decision to the individual respondent Mr. Paraskevopoulos by courier and fax, at the address of the other respondents. The other respondents are directed to immediately provide a copy of this Interim Decision and the Application to Mr. Paraskevopoulos and file a Form 23 Confirmation of Delivery or write to the Tribunal within two days of the date of this Interim Decision confirming how and when the Application and this Interim Decision were delivered to the individual respondent Mr. Paraskevopoulos.

8If Mr. Paraskevopoulos wishes to participate in this proceeding, he shall file a Response within two weeks of the date of this Interim Decision, together with an explanation why his Response was 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 Mr. Paraskevopoulos and may take any or all of the other steps set out in Rule 5.5.

RAMY BRAUN

9The applicant has provided a new mailing address to the Tribunal, but has stated that he does not wish to share his new address with the respondents. He has not provided an alternative address.

10The Tribunal’s processes require applicants and respondents to be able to communicate with each other and with the Tribunal. Among other things, the Tribunal’s Rules require that all correspondence with the Tribunal be copied to the other parties. Applicants must therefore provide addresses at which they may receive communications from the respondents as well as the Tribunal. An applicant that wishes to keep his or her contact information private may provide the address of an alternative contact instead. The Tribunal’s Application Form allows this, in Question 2.

11The Tribunal will not share the applicant’s new address with the respondents if he does not wish it to be shared. However, he must provide an alternative address to which the respondents may send correspondence relating to this Application. The applicant is therefore directed to provide such an address to the respondents and the Tribunal, within two week of this Interim Decision.

12I am not seized of this matter.