Sauve v. Ininew Friendship Centre, 2010 HRTO 1999

Human Rights Tribunal of Ontario

B E T W E E N:

Ronald Sauve

Applicant

-and-

Ininew Friendship Centre and Jacques Lepage

Respondents

INTERIM DECISION

Adjudicator: Brian Eyolfson Date: September 29, 2010 Citation: 2010 HRTO 1999 Indexed as: Sauve v. Ininew Friendship Centre

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 December 7, 2009.

2In an earlier Interim Decision in this matter, 2010 HRTO 1422, the Tribunal determined that it is not plain and obvious that the Application is outside the Tribunal's jurisdiction and that the Tribunal would continue to deal with the Application. Accordingly, on June 29, 2010, the Tribunal issued a Notice of Application to the respondents. The respondents were advised that a Response must be filed with the Tribunal not later than 35 days after June 29, 2010. As of the date of this Interim Decision, the respondents have 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 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.

4The applicant provided an address for both the organizational and the individual respondents. The applicant has also confirmed that the organizational respondent has a new contact person. The Tribunal shall send a copy of this Interim Decision to the respondents by regular mail and courier, at the address provided by the applicant. The copy of the Interim Decision sent to the organizational respondent shall be directed to the attention of the new contact person.

5If the respondents wish to participate in this proceeding, they shall file Responses within 10 days of the date of this Interim Decision, together with an explanation of why Responses were not filed in accordance with the Notice of Application. If Responses are 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.