Pascal Adorgloh v. Sentrex Communications Inc., 2010 HRTO 836

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Pascal Adorgloh

Applicant

-and-

Sentrex Communications Inc.

Respondent

INTERIM DECISION

Adjudicator: Brian Eyolfson

Date: April 16, 2010

Citation: 2010 HRTO 836

Indexed as: Adorgloh v. Sentrex Communications

1The applicant filed an Application alleging Contravention of Settlement (Form 18) pursuant to s. 45.9(3) of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”). The Application alleges a contravention of minutes of settlement entered into between the applicant and the respondent on January 19, 2010, to resolve an earlier Application filed by the applicant pursuant to s. 53 of the Code.

2On March 2, 2010, the Application (Form 18) was delivered by the applicant to the respondent by registered mail. A Statement of Delivery was filed by the applicant with the Tribunal.

3Pursuant to Rule 24.3 of the Tribunal’s Rules, a party who is served with a Form 18 must deliver and file their Response (Form 19), if any, not later than fourteen (14) days after the Form 18 was delivered. Rule 1.22 of the Tribunal’s Rules confirms that a document delivered by mail is deemed received five days after the postmark date. It is now more than 21 days after the date for filing the Response and the respondent has not filed a Response.

4A Tribunal application is a legal proceeding. If a contravention of the settlement is found the Tribunal may make any order it considers appropriate to remedy the contravention. Failure to file a response may lead to orders against a respondent without their participation. The respondent’s attention is drawn to Rule 5.5 of the Tribunal’s Rules which reads as follows:

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 a mailing address for the respondent. The Tribunal shall send a copy of this Interim Decision to the respondent by regular mail and courier.

6If the respondent wishes to participate in this proceeding, a Response must be filed within 10 days of the date of this Interim Decision. If a Response is not received within that time, 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.

7I am not seized of this matter.