Letourneau v. Jenny Craig Weight Loss Centre, 2010 HRTO 2520

Human Rights Tribunal of Ontario

BETWEEN:

Colleen Letourneau Applicant

-and-

Jenny Craig Weight Loss Centre and Catherine Muto Respondents

INTERIM DECISION

Adjudicator: Kathleen Martin Date: December 21, 2010 Citation: 2010 HRTO 2520 Indexed as: Letourneau v. Jenny Craig Weight Loss Centre

1This Application was filed under section 34 of the Human Rights Code, R.S.O. 1990, c. H.19 as amended, (the “Code”) on October 4, 2010. The Tribunal delivered the Application to the respondents on November 2, 2010. The Notice of Application directed the respondents that a Response must be filed with the Tribunal by December 8, 2010.

2As of the date of this Interim Decision the respondents have 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. 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.

4The applicant has provided an address for the respondents. The Tribunal shall send this Interim Decision to respondents by regular mail and courier.

5If the respondents wish to participate in this proceeding they shall file their 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.

6I am not seized of this matter.