Singh v. Amex Canada, 2010 HRTO 444

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Jagdeep Singh

Applicant

-and-

Amex Canada Inc., Joan Plestid, Mark Foxwell and Michael Achaibar

Respondents

INTERIM DECISION

Adjudicator: Judith Keene

Date: February 25, 2010

Citation: 2010 HRTO 444

Indexed as: Singh v. Amex Canada

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 September 11, 2009.

2On October 9, 2009, 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 after October 8, 2009. The respondents Amex Canada, Joan Plestid and Mark Foxwell filed a Response on November 12, 2009.

3The Notice of Application sent to respondent Michael Achaibar was returned as undeliverable. The Registrar obtained an alternative address and re-served the Notice on October 22, 2009. No Response has been received to date from Michael Achaibar, nor has the second package been returned to the Tribunal.

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 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.

5The Tribunal shall send a copy of this Interim Decision to Michael Achaibar by regular mail and courier. If he wishes to participate in this proceeding, he must file a Response within 5 days from 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 Michael Achaibar and may take any or all of the steps set out in Rule 5.5.

6I am not seized of this matter.