Sherry Anne Porter v. American Express, Infotek Consulting Services Inc. and Nancy White, 2011 HRTO 1092

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Sherry Anne Porter

Applicant

-and-

American Express, Infotek Consulting Services Inc. and Nancy White

Respondents

INTERIM decision

Adjudicator: Kathleen Martin

Date: June 8, 2011

Citation: 2011 HRTO 1092

Indexed as: Porter v. American Express, Infotek Consulting

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 December 20, 2010.

2On March 9, 2011, the Tribunal issued a Notice of Application to the respondents. The respondents were advised that they must file a Response to the Application with the Tribunal by no later than April 13, 2011.

3On April 13, 2011, the corporate respondent, Infotek Consulting, filed a Response to the Application.

4As of the date of this Interim Decision, the corporate respondent, American Express, and the personal respondent, Nancy White, have not filed Responses, nor has the Tribunal’s correspondence to them been returned.

5An 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 attention of the respondents, American Express and Ms. White, 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.

6The applicant has provided a mailing address for the corporate respondent, American Express. The Tribunal shall send a copy of this Interim Decision to the corporate respondent, American Express, at that address by courier.

7The applicant has provided a mailing address and an email address for the personal respondent, Nancy White. The Tribunal shall send a copy of this Interim Decision to Ms. White at that mailing address by courier and by email.

8If the respondents, American Express and Ms. White, wish to participate in this proceeding, they must file their Responses with the Tribunal no later than ten days from the date of this Interim decision together with an explanation of why their 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 respondent(s) who failed to file a Response and may take any or all of the steps set out in Rule 5.5.

9The applicant has indicated her consent to engage in mediation. In their Responses, the respondents, American Express and Ms. White, are asked to indicate whether they also wish to participate in mediation.

10I am not seized of this matter.