Shannon Beauregard v. Reitmans Canada Ltd. and Jane Anderson, 2010 HRTO 600

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Shannon Beauregard

Applicant

-and-

Reitmans Canada Ltd. and Jane Anderson

Respondents

INTERIM DECISION

Adjudicator: Sheri D. Price

Date: March 18, 2010

Citation: 2010 HRTO 600

Indexed as: Beauregard v. Reitmans Canada

1This is an Application under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (“the Code”), which alleges that the respondents discriminated against the applicant on the basis of sex in respect of employment.

2This interim decision addresses the personal respondent’s failure to file a Response to the Application.

3On November 19, 2009, the Tribunal sent the Application to the respondents by regular mail at the addresses for them provided by the applicant, together with a direction to respond no later than thirty-five (35) days from that date, in accordance with the Tribunal Rules. Under Rule 1.22 of the Tribunal’s Rules of Procedure, a document delivered by mail is deemed received five days after the postmark date.

4The corporate respondent has filed its Response to the Application, but the personal respondent has not. The application sent to the personal respondent was returned to the Tribunal as undelivered. Subsequently, the applicant provided a different address for the personal respondent.

5On January 28, 2009, the Tribunal resent the Application to the personal respondent. The personal respondent has not filed a Response and it has now been more than 10 days since the Response was due.

6A Tribunal Application is a legal proceeding, which, if a violation of the Code is found, 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 may lead to orders against respondents without further notice or 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.

7The Tribunal shall send a copy of this decision to the personal respondent by courier and regular mail at the most recent address provided by the applicant.

8If the personal respondent wishes to participate in this proceeding, she shall file a Response by March 31, 2010, together with an explanation why her 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 personal respondent and may take any or all of the other steps set out in Rule 5.5.

9I am not seized of this matter.