minicounsel

Thompson v. 1552754 o/a Country Style, 2010 HRTO 2091

October 15, 2010

Thompson v. 1552754 o/a Country Style, 2010 HRTO 2091

Case Summary

The applicant filed a human rights application. The respondent failed to file a response by the required deadline. The Tribunal issued an interim decision warning the respondent that failure to participate could lead to the matter proceeding without them and deemed acceptance of the allegations. The respondent was granted a final extension to file a response and explain the delay.

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Joan Thompson

Applicant

-and-

1552754 o/a Country Style

Respondent

INTERIM decision

Adjudicator: Brian Cook

Date: October 15, 2010

Citation: 2010 HRTO 2091

Indexed as: Thompson v. 1552754 o/a Country Style

[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 April 19, 2010.

[2] On August 13, 2010 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 September 17, 2010. As of the date of this decision the respondent has not filed a Response, nor has the Tribunal’s correspondence been returned.

[3] 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 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.

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

[5] If the respondent wishes to participate in this proceeding, it must file a Response by November 5, 2010, together with an explanation of why the Response was not filed in accordance with the August 13, 2010 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. The respondent may wish to consult the Respondent’s Guide, which is available on the Tribunal website, www.hrto.ca, or from the Tribunal Registrar.

[6] I am not seized of this matter.

Dated at Toronto, this 15^th^ day of October, 2010.

“Signed by”

Brian Cook

Vice-chair