Elie Farah v. Alexander Proudfoot Inc or Proudfoot Consulting, 2010 CanLII 63904

Human Rights Tribunal of Ontario

B E T W E E N:

Elie Farah Applicant

-and-

Alexander Proudfoot Inc or Proudfoot Consulting Respondent

INTERIM DECISION

Adjudicator: Sherry Liang Date: November 3, 2010 Citation: 2009 HRTO 2193 Indexed as: Farah v. Alexander Proudfoot

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 August 31, 2010

2On September 15, 2010 the Tribunal issued a Notice of Application to the respondent. The respondent was advised that a Response must be filed with the Tribunal by no later than October 19, 2010. As of the date of this Interim Decision the respondent has not filed a Response, nor has the Tribunal’s correspondence 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 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.

4The applicant has provided a mailing address as well as a fax number and an email address for the respondent. The Tribunal shall send a copy of this Interim Decision to the respondent by regular mail, courier, fax and email.

5If the respondent wishes to participate in this proceeding, a Response must be filed with the Tribunal by no later than November 10, 2010, 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 this respondent and may take any or all of the steps set out in Rule 5.5.

6I am not seized of this matter.