Millage v. Williams Consulting, 2010 HRTO 1847

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

James Millage

Applicant

-and-

Williams Consulting

Respondent

INTERIM DECISION

Adjudicator: Ena Chadha

Date: September 9, 2010

Citation: 2010 HRTO 1847

Indexed as: Millage v. Williams Consulting

1The applicant filed this Application on June 17, 2010 under section 34 of the Ontario Human Rights Code, R.S.O. 1990, c. H.19 as amended, (the “Code”) alleging discrimination with respect to employment because of ancestry and ethnic origin.

2On July 19, 2010, the Tribunal issued a Notice of Application to the respondent. The respondent was advised that a Response (Form 2) must be filed with the Tribunal no later than 35 days after July 19, 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 the respondent without its 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 facsimile number, email address and the name of a contact person for the organizational respondent. The Tribunal shall send by courier, fax and email a copy of this Interim Decision and the Application to the contact person identified for the organizational respondent.

5If the respondent wishes to participate in this proceeding, the respondent shall file a Form 2 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.

6I am not seized of this matter.