HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Christopher Friel
Applicant
-and-
Williams & McDaniel
Respondent
INTERIM DECISION
Adjudicator: Naomi Overend
Date: September 20, 2010
Citation: 2010 HRTO 1895
Indexed as: Friel v. Williams & McDaniel
1The applicant filed an Application under section 34 of the Human Rights Code, R.S.O. 1990, c. H.19 as amended, (the “Code”) on April 21, 2010, which was sent to the respondent on July 13, 2010. The respondent was advised that a Response must be filed with the Tribunal not later than 35 days after that date.
2In August 16, 2010, a paralegal sent in a document on behalf of the respondents, which was not a proper Response (Form 2). Although it did not provide a response to the allegations found in the Application, it did not include all the information that would form part of a Response, including answers to questions posed in the Form 2 and full contact information for the respondent and the representative.
3On August 18 2010, the Registrar sent a Notice of Incomplete Response to the respondent’s representative at the email address provided. It reminded the respondent’s representative of the need to file a Response in Form 2 and enclosed a blank Form 2. As of the date of this Interim Decision the respondent has not filed a completed Form 2 or otherwise responded to the Tribunal’s August 13, 2010 letter.
4Rule 8 of the Tribunal’s Rules of Procedure provides, in part, as follows:
8.1 To respond to an Application under sections 34(1) or 34(5) of the Code, a Respondent must file a complete Response in Form 2 not later than (thirty-five) 35 days after a copy of the Application was sent to the Respondent by the Tribunal.
a) A complete Response must provide the information requested in each section of the Form 2, respond to each allegation set out in the Application and must also include any additional facts and allegations on which the Respondent relies. …
5The respondents have failed to comply with Rule 8 of the Tribunal’s Rules of Procedure because the respondents have not filed a completed Response in Form 2.
6An 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 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.
7If the respondent wishes to participate in this proceeding, it shall file a complete Response (Form 2) within five (5) days of the date of this Interim Decision. If a Response is not received, the Tribunal may take any or all of the steps set out in Rule 5.5.
8I am not seized of this matter.
Dated at Toronto, this 20th day of September, 2010.
”signed by”_____________
Naomi Overend
Vice-chair