Ferguson v. Foot Locker Canada Co., 2010 HRTO 2142

Human Rights Tribunal of Ontario

B E T W E E N:

Tianna Ferguson

Applicant

-and-

Foot Locker Canada Co. and Manulife Financial

Respondents

INTERIM decision

Adjudicator: Kathleen Martin

Date: October 25, 2010

Citation: 2010 HRTO 2142

Indexed as: Ferguson v. Foot Locker Canada

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 1, 2010. She named Foot Locker Canada (“Foot Locker”) and Manulife Financial (“Manulife”) as respondents.

2On September 9, 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 October 13, 2010. Foot Locker filed its Response on October 14, 2010. However, as of the date of this Interim Decision Manulife has not filed a Response, nor has the Tribunal’s correspondence to it 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 individual and corporate respondents without their participation. Manulife’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 an address of a contact person for Manulife. The Tribunal shall send a copy of this Interim Decision to the respondent Manulife by regular mail and courier.

5If Manulife wishes to participate in this proceeding, it shall file a Response with the Tribunal within 10 days of the date of this 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 Manulife and may take any or all of the steps set out in Rule 5.5.

6I am not seized of this matter.