Brunina Carnavale v. Franca Adamo, 2010 HRTO 203

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Brunina Carnavale Applicant

-and-

Franca Adamo Respondent

INTERIM DECISION

Adjudicator: Brian Cook

Date: January 28, 2010

Citation: 2010 HRTO 203

Indexed as: Carnavale v. Adamo

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 September 8, 2009.

2On November 27, 2009 the Tribunal issued a Notice of Application to the respondent. The respondent was advised that a Response must be filed with the Tribunal not later than 35 days after November 27, 2009. 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 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.

4The applicant has provided contact information for the respondent. The Tribunal shall send a copy of this Interim Decision to the respondent by regular mail and courier.

5If the respondent wishes to participate in this proceeding, she must file a Response within 21 days of the date of this decision, together with an explanation of why the Response was not filed in accordance with the November 27, 2009 Notice. If a Response is not received, the Tribunal may proceed without further notice to the respondent and may take any or all of the steps set out in Rule 5.5.

6The respondent may wish to consult the Tribunal website, www.hrto.ca, under the New Applications tab, which includes a Respondent’s Guide. The Respondent’s Guide may also be requested from the Tribunal Registrar.

7I am not seized of this matter.