Timothy Bascombe v. Total Security Management Services Inc. and Benoit St. Pierre, 2010 HRTO 417

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Timothy Bascombe

Applicant

-and-

Total Security Management Services Inc. and Benoit St. Pierre

Respondents

INTERIM DECISION

Adjudicator: Michelle Flaherty

Date: February 23, 2010

Citation: 2010 HRTO 417

Indexed as: Bascombe v. Total Security Management Service

1This is an Application under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended, (the "Code"). The purpose of this Interim Decision is to address the personal respondent's failure to file a Response to the Application.

2On November 2, 2009, the Tribunal mailed a Notice of Application to the respondents. The Notice of Application mailed to the personal respondent was returned to the Tribunal.

3On December 15, 2009, the Tribunal mailed a second Notice of Application to the personal respondent at an address provided by the corporate respondent. The Notice of Application explained that the personal respondent had 35 days to file a Response with the Tribunal.

4The second Notice of Application has not been returned to the Tribunal. The 35 day period for filing a Response has expired and, to date, the personal respondent has not filed a Response.

5A Tribunal application is a legal proceeding and, if a violation of the Code is found, it 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 the personal respondent without his participation.

6The personal respondent's attention is drawn to Rule 5.5 of the Tribunal's Rules which states:

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.

7The Registrar will deliver a copy of this Interim Decision to the personal respondent by courier and regular mail.

8If the personal respondent wishes to participate in this proceeding, he shall file a Response within 10 days of the date of this Interim Decision together with an explanation of why the Response was not filed by the deadline in accordance with the Tribunal's Rules. If a Response is not received by this date, the Tribunal may proceed without further notice to the respondent, and may take any or all of the other steps set out in Rule 5.5.

9The personal respondent may wish to consult the Tribunal's website: www.hrto.ca. The website includes information for applicants and respondents, including a Respondent's Guide, which is found under the New Applications tab on the web site. A copy of the Guide may also be requested from the Tribunal Registrar.

10I am not seized of this matter.