Renee Gagne v. 496276 Ontario Ltd. c.o.b. as Greco’s Pizza and Pasta Restaurant and Neil Solmes, 2010 HRTO 641

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Renee Gagne

Applicant

-and-

496276 Ontario Ltd. c.o.b. as Greco’s Pizza and Pasta Restaurant and Neil Solmes

Respondents

INTERIM decision

Adjudicator: Naomi Overend

Date: March 25, 2010

Citation: 2010 HRTO 641

Indexed as: Gagne v. 496276 Ontario

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 7, 2009. On October 5, 2009, the applicant advised the Tribunal she would like to add Neil Solmes as an individual respondent to her Application.

2On October 14, 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 14, 2009. The organizational respondent filed its Response on November 10, 2009. It specifically indicated that it was not filing on behalf of the individual respondent, Neil Solmes, on January 13, 2010.

3A letter was sent to the individual respondent on January 22, 2010, reminding him on his obligation to file a Response. As of the date of this Interim Decision the individual respondent has not filed a Response, nor has the Tribunal’s correspondence been returned.

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 individual 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 applicant has provided an address of the individual respondent which was effective December 9, 2009. The Tribunal shall send a copy of this Interim Decision to the individual respondent by regular mail, courier and fax.

6If the individual respondent wishes to participate in this proceeding, he shall file a Response by 7 days from date of the 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 the individual respondent and may take any or all of the steps set out in Rule 5.5.

7I am not seized of this matter.