HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Ruth Whale

Applicant

-and-

Keele North Recycling Inc. and Romeo Dipateasta

Respondents

INTERIM decision

Adjudicator: Ena Chadha

Date: September 27, 2010

Citation: 2010 HRTO 1947

Indexed as: Whale v. Keele North Recycling

[1] The applicant filed an Application under section 34 of the Human Rights Code, R.S.O. 1990, c. H.19 as amended, (the “Code”) on May 20, 2010 alleging discrimination with respect to employment because of sex.

[2] On July 26, 2010, the Tribunal issued a Notice of Application to the respondents. The Notice advised the respondents that a Response must be filed with the Tribunal no later than 35 days after July 26, 2010.

[3] As of the date of this Interim Decision, the Tribunal has not received a Response from the respondents, nor has the original Notice of Application been returned.

[4] An 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.

[5] The Tribunal shall send by a copy of this Interim Decision to the respondents by courier and facsimile delivery to the respondents’ fax number as provided by the applicant. If the respondents wish to participate in this proceeding, the respondents 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 July 9, 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.

[6] I am not seized of this matter.

Dated at Toronto, this 27^th^ day of September, 2010.

“Signed by”

Ena Chadha

Vice-chair