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HUMAN RIGHTS TRIBUNAL OF ONTARIO
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B E T W E E N:
Evon Rose
Applicant
-and-
Adanac Truck Driver Training Ltd., Bruce Black and Robert Campbell
Respondents
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INTERIM DECISION
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Adjudicator: Sherry Liang
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Date: November 4, 2010
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Citation: 2010 HRTO 2217
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Indexed as: Rose v. Adanac Truck Driver Training
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[1] On October 8, 2010, the applicant filed this Application under section 45.9 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”) alleging contravention of a settlement of his earlier section 34 Application filed with this Tribunal (Tribunal File number 2009-02702-I). The section 34 application was settled on July 16, 2010. The applicant delivered his Application to the respondents by mail sent October 6, 2010.
[2] The Tribunal notes that the personal respondent Robert Campbell was not a party to the settlement which the applicant alleges has been breached and that the applicant withdrew his section 34 Application as against Mr. Campbell on July 16, 2010. There is therefore a question whether Mr. Campbell is a proper party to the breach of settlement Application. The applicant is directed to state whether he intends to continue his application against Mr. Campbell and, if so, on what basis Mr. Campbell could be found to be in breach of the settlement. He shall provide his written submissions on this point to the respondents and the Tribunal within 10 days of the date of this Interim Decision. The respondent Campbell need not file a Response to the Application until directed to do so by the Tribunal.
[3] On October 12, 2010, the Tribunal confirmed receipt of the Application and confirmed the instructions contained on the Application that the respondents were required to deliver their Response to the applicant and file it with the Tribunal no later than 14 days after the delivery of the Application. The Application did not include an address or contact information for the corporate respondent and the personal respondents. Therefore, the Tribunal sent the Confirmation letter to the address of the corporate respondent at the address provided in the section 34 Application. As of the date of this Interim Decision the respondents have not filed a Response and the Tribunal’s correspondence sent to this address has not been returned.
[4] An application to the Tribunal starts a legal proceeding. A finding that a settlement has been breached may lead to various orders against individual and corporate respondents. Failure to respond to an application may result in the Tribunal hearing and deciding the application without the participation of the respondent. The respondents’ 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 Tribunal shall send this Interim Decision to the respondents at the address provided in the section 34 Application by regular mail and courier. If the corporate respondent and the personal respondent Bruce Black wish to participate in this proceeding, they must file a Response with the Tribunal within seven days of the date of this Interim Decision, together with an explanation of why the Response was not filed in accordance with the directions contained on the Application and in the Confirmation. If a Response is not received, the Tribunal may proceed without further notice to these respondents and may take any or all of the steps set out in Rule 5.5.
[6] The applicant is directed to immediately provide the Tribunal with the address and contact information for all the respondents, or confirm that it is the same as that indicated in the Tribunal’s letter accompanying this Interim Decision.
[7] I am not seized of this matter.
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Dated at Toronto, this 4<sup>th</sup> day of November, 2010.
“Signed by”
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Sherry Liang
Vice-chair
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minicounsel