Dawn Mason v. Apelowicz Management Inc. o/a Discount Car and Truck Rentals and Eddie Apelowicz, 2010 HRTO 2432

Human Rights Tribunal of Ontario

B E T W E E N:

Dawn Mason

Applicant

-and-

Apelowicz Management Inc. o/a Discount Car and Truck Rentals and Eddie Apelowicz

Respondents

INTERIM decision

Adjudicator: Brian Eyolfson

Date: December 7, 2010

Citation: 2010 HRTO 2432

Indexed as: Mason v. Apelowicz Management

Interim Decision

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 March 10, 2010.

2On April 27, 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 35 days from the date of that Notice. The respondents did not file a Response by the deadline set in the Notice. The Tribunal’s correspondence was not returned to it.

3In early June Tribunal staff contacted the applicant to determine whether she had an alternative address for service for the respondents. She was able to provide what she believed to be the personal respondent’s home address to the Tribunal and on June 15, 2010 the Tribunal delivered the Application to the respondents at this address with directions that the Response must be filed within 35 days of June 15, 2010. As of the date of this Interim Decision no responses have been filed and the Tribunal’s correspondence sent to the alternative address has not been returned to it.

4An 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 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.

5The applicant has provided mailing addresses for both respondents. The Tribunal shall send a copy of this Interim Decision to the respondents at the address originally provided by the applicant and at the alternative address provided in June 2010 by regular mail and courier.

6If the respondents wish to participate in this proceeding, they 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 the respondents and may take any or all of the steps set out in Rule 5.5.

7I am not seized of this matter.