Alan Shreve v. The Corporation of the City of Windsor and Canadian Union of Public Employees, Local 82, 2010 HRTO 87

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Alan Shreve

Applicant

-and-

The Corporation of the City of Windsor and Canadian Union of Public Employees, Local 82

Respondents

INTERIM DECISION

Adjudicator: Faisal Bhabha

Date: January 15, 2010

Citation: 2010 HRTO 87

Indexed as: Shreve v. Windsor (City)

1The applicant filed an Application under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended, (the “Code”), on September 23, 2009. The Tribunal delivered the Application to the corporate respondent (the “City”), which filed a Response on December 1, 2009, in which the City named the applicant’s union, CUPE Local 82, as an additional respondent.

2The Tribunal issued a Notice of Application and delivered the Application to the union by regular mail at the address provided by the City. The Notice directed the union to file a Response with the Tribunal no later than thirty-five (35) days from the date of the Notice. Rule 1.22 of the Tribunal’s Rules of Procedure confirms that a document delivered by mail is deemed received five days after the postmark date.

3It is now more than ten days after the date for filing the Response. The union has not filed a Response, or otherwise communicated with the Tribunal. The Tribunal’s Notice has not been returned.

4A Tribunal application is a legal proceeding. If a violation of the Code is found the Tribunal may order a respondent to make monetary compensation or other forms of restitution to the applicant and to take steps to future promote compliance with the Code. Failure to file a Response may lead to orders against a respondent without their participation. The union 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 City has provided a business address, phone and fax numbers for the union. The Tribunal shall send a copy of this Interim Decision to the union by regular mail, courier and fax.

6If the union wishes to participate in this proceeding, a Response must be filed by January 25, 2010, together with an explanation why it was not filed in accordance with the deadline contained in the Notice of Application. If the Response is not received by this date, the Tribunal may proceed without further notice to the union respondent, and may take any or all of the other steps set out in Rule 5.5.

7I am not seized.