Karin Beach v. Sandra Pereira, 2010 HRTO 1924

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Karin Beach

Applicant

-and-

Sandra Pereira

Respondent

INTERIM decision

Adjudicator: Ena Chadha

Date: September 23, 2010

Citation: 2010 HRTO 1924

Indexed as: Beach v. Sandra Pereira

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 March 25, 2009.

2On May 6, 2009, the Tribunal issued a Notice of Application to the respondent. The Notice advised the respondent that a Response must be filed with the Tribunal no later than 35 days after May 6, 2009. The Tribunal did not receive a Response from the respondent, nor was the original Notice of Application returned.

3On July 22, 2010, the Tribunal directed the applicant to provide an accurate address and contact information for the respondent. On August 3, 2010, the applicant confirmed the respondent’s address.

4On August 10, 2010, the Tribunal forwarded another Notice of Application to the respondent at the new address provided by the applicant. As of the date of this Interim Decision the respondent has not filed a Response, nor has the Tribunal’s correspondence been returned.

5An 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 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 by a copy of this Interim Decision to the respondent by mail and courier at the new address provided by the respondent. If the respondent wishes to participate in this proceeding, the respondent shall file a 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 August 10, 2010 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.

7I am not seized of this matter.