HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Jacquelyn Trowell
Applicant
-and-
6286160 Canada Limited o/a CR Printing and Sameer Hage
Respondents
INTERIM decision
Adjudicator: Alison Renton
Date: January 28, 2010
Citation: 2010 HRTO 208
Indexed as: Trowel v. 6286160 Canada
[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 September 2, 2009.
[2] On October 8, 2009, 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 October 8, 2009. The Tribunal’s correspondence for both respondents was returned to the Tribunal and was marked by Canada Post as “Moved/Unknown”. The Tribunal contacted the applicant’s representative who provided another address for the corporate respondent. The applicant’s representative has not yet provided another address for the personal respondent. On December 17, 2009, the Tribunal issued a Notice of Application to the corporate respondent at the other address.
[3] As of the date of this Interim Decision the corporate respondent has not filed a Response, nor has the Tribunal’s December 17, 2009 correspondence 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 corporate 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.
[5] The applicant has provided an address of a contact person for the corporate respondent. The Tribunal shall send a copy of this Interim Decision to the corporate respondent by regular mail and courier.
[6] If the corporate respondent wishes to participate in this proceeding, it shall file a Response within 5 days from date of the Interim Decision, together with an explanation of why the Response was not filed in accordance with the Notice of Application. If a Response is not received, the Tribunal may proceed without further notice to the corporate respondent and may take any or all of the steps set out in Rule 5.5.
[7] The Registrar shall also issue to the applicant a “Notice of Requirement to Confirm Address for Delivery” to obtain another address for the personal respondent.
[8] I am not seized of this matter.
Dated at Toronto, this 28th day of January 2010.
“Signed By”
Alison Renton
Vice-chair