Nonva v. QX, 2011 HRTO 1021

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Michael Nonva

Applicant

-and-

QX Ltd., ASRJ Communications Inc. and Michael Langelier

Respondents

INTERIM decision

Adjudicator: Kathleen Martin

Date: May 27, 2011

Citation: 2011 HRTO 1021

Indexed as: Nonva v. QX

1The applicant filed this Application under section 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), on October 28, 2010.

2In its Response to the Application, the respondent ASRJ Communications Inc. named Mr. Langelier as an additional respondent to the Application. On March 4, 2011, the Tribunal issued a Notice to Named Respondent to the individual respondent, Michael Langelier, in which it directed that he must file a Response to the Application with the Tribunal not later than 35 days from March 4, 2011 (April 8, 2011).

3As of the date of this Interim Decision, Mr. Langelier has not filed a Response, nor has the Tribunal’s correspondence to him 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. Mr. Langelier’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 respondent ASRJ Communications Inc. has provided an address for Mr. Langelier. The Tribunal shall send a copy of this Interim Decision to him by regular mail and courier.

6If Mr. Langelier wishes to participate in this proceeding, he shall file a Response with the Tribunal within 10 days of the date of this Interim Decision, together with an explanation of why his 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 Mr. Langelier and may take any or all of the steps set out in Rule 5.5.

7It also appears that another proceeding, a complaint to the Canadian Human Rights Commission by the applicant against Bell ExpressVu involving the issues in dispute in this Application, is ongoing. The respondents, QX Ltd. and ASRJ Communications, request that this Application be deferred until the complaint against Bell ExpressVu has been completed. Rule 14 of the Rules of Procedure provides that the Tribunal may, on its own initiative or on the request of a party, defer consideration of an application pursuant to section 45 of the Code.

8Each party shall provide the Tribunal in writing their submissions on deferral of the Application within 14 days of the date of this Interim Decision. In their submissions, the parties should address the subject matter of the other proceeding, the extent to which there is any overlap with this Application, and the status and stage of the other proceeding. A copy of the submissions must be delivered to the other parties at the same time. The Tribunal will consider the submissions and may decide to defer the Application or issue further directions to the parties.

Directions:

9Mr. Langelier shall file a Response within 10 days of this Interim Decision, together with an explanation of why his Response was not filed in accordance with the Notice of Application, if he wishes to participate in these proceedings.

10Within 14 days of the date of this Interim Decision, the parties shall deliver and file submissions setting out their position on deferral of the Application.

11I am not seized of this matter.