Farah v. Alexander Proudfoot Inc.
2010-06727-I
2010-11-02
2010 HRTO 2193
HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Elie Farah
Applicant
-and-
Alexander Proudfoot Inc or Proudfoot Consulting
Respondent
INTERIM DECISION
Adjudicator: Sherry Liang
Date: November 3, 2010
Citation: 2009 HRTO 2193
Indexed as: Farah v. Alexander Proudfoot
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 August 31, 2010
On September 15, 2010 the Tribunal issued a Notice of Application to the respondent. The respondent was advised that a Response must be filed with the Tribunal by no later than October 19, 2010. As of the date of this Interim Decision the respondent has not filed a Response, nor has the Tribunal's correspondence been returned.
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.
The applicant has provided a mailing address as well as a fax number and an email address for the respondent. The Tribunal shall send a copy of this Interim Decision to the respondent by regular mail, courier, fax and email.
If the respondent wishes to participate in this proceeding, a Response must be filed with the Tribunal by no later than 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.
I am not seized of this matter.
Dated at Toronto, this 3rd day of November, 2010.
"Signed By"
___________________________________
Sherry Liang
Vice-chair