HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Karen Reeves

Applicant

-and-

Case N’ Drum Oil LP, Suzanne Newington, Craig Read and Larry Melnyk

Respondents

INTERIM DECISION

Adjudicator: Sherry Liang

Date: November 2, 2010

Citation: 2010 HRTO 2191

Indexed as: Reeves v. Case N’ Drum Oil

[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 May 12, 2010.

[2] On July 20, 2010 the Tribunal issued a Notice of Application to the respondents. The respondents was advised that a Response must be filed with the Tribunal not later than 35 days after July 20, 2010.

[3] On August 24, 2010 the respondents Case N’ Drum Oil LP, Suzanne Newington and Larry Melnyk filed their Response. They advised that the respondent Craig Read no longer worked for the corporate respondent.

[4] On September 14, 2010 the Application and Response were delivered to the respondent Read at the address provided in the Response. As of the date of this Interim Decision the respondent Read has not filed a Response, nor has the Tribunal’s correspondence been returned.

[5] 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 respondent Read’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.

[6] The Tribunal shall send a copy of this Interim Decision to the respondent Read by regular mail and courier.

[7] If the respondent Read wishes to participate in this proceeding, he shall file a Response by November 10, 2010, 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 this respondent and may take any or all of the steps set out in Rule 5.5.

[8] The remaining parties have indicated their consent to engage in mediation and the Registrar will schedule a mediation in the normal course. In his Response the respondent Read is asked to indicate whether he also wishes to participate in the mediation session.

[9] I am not seized of this matter.

Dated at Toronto, this 2^nd day of November, 2010.

“signed by”

Sherry Liang

Vice-chair