Alison McGuire v. Sun Life Assurance Company of Canada, 2010 HRTO 315

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Alison McGuire

Applicant

-and-

Sun Life Assurance Company of Canada

Respondent

INTERIM DECISION

Adjudicator: Brian Cook

Date: February 10, 2010

Citation: 2010 HRTO 315

Indexed as: McGuire v. Sun Life Assurance

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 October 1, 2009.

2On October 28, 2009 the Tribunal issued a Notice of Application to the respondent. The respondent was advised that a Response must be filed with the Tribunal not later than 35 days after October 28, 2009. As of the date of this Interim Decision the Tribunal has not received a Response.

3The Application indicates that the applicant intends to start an action in Court and that if she does, she will ask the Tribunal to defer the Application. Within seven days of the date of this Interim Decision, the applicant shall advise whether an action has been commenced. If an action has been commenced, the applicant shall provide a copy of the Statement of Claim. This information must be sent to the Tribunal Registrar, copied to the respondent.

4The respondent is required to file a Response whether or not the applicant has commenced a civil action. As indicated on the Tribunal’s Response Form, a full Response is not be required if a civil action has been commenced.

5Failure 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.

6The applicant has provided contact information for the respondent. The Tribunal shall send a copy of this Interim Decision to the respondent by fax, regular mail and courier.

7If the respondent wishes to participate in this proceeding, it must file a Response within 10 days from the date of this Interim Decision, together with an explanation of why the Response was not filed in accordance with the October 28, 2009 Notice. If a Response is not received, the Tribunal may proceed without further notice to the respondent and may take any or all of the steps set out in Rule 5.5.

8I am not seized of this matter.