Human Rights Tribunal of Ontario

B E T W E E N:

Bashir Farah

Applicant

-and-

G4S Secure Solutions (Canada) Ltd. and FreshCo

Respondents

INTERIM DECISION

Adjudicator: Brian Eyolfson Date: June 13, 2011 Citation: 2011 HRTO 1144 Indexed as: Farah v. G4S Secure Solutions

[1] The applicant filed an Application under section 34 of the *Human Rights Code*, R.S.O. 1990, c. H.19, as amended (the "Code"), on January 28, 2011.

[2] On March 17, 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 21, 2011.

[3] On April 20, 2011, the organizational respondent, G4S Secure Solutions (Canada) Ltd., filed a Response to the Application.

[4] As of the date of this Interim Decision the corporate respondent, FreshCo, has not filed a Response, nor has the Tribunal's correspondence to FreshCo been returned.

[5] An 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. FreshCo'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.

[6] The applicant has provided a mailing address for the organizational respondent, FreshCo. The Tribunal shall send a copy of this Interim Decision to the organizational respondent, FreshCo, at that address by regular mail and courier.

[7] If the organizational respondent, FreshCo, wishes to participate in this proceeding, a Response must be filed with the Tribunal no later than ten days from the date of this 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 organizational respondent, FreshCo, and may take any or all of the steps set out in Rule 5.5.

[8] The organizational respondent, G4S Secure Solutions (Canada) Ltd., has indicated its consent to engage in mediation and the Registrar will schedule a mediation in the normal course. In the Response the organizational respondent, FreshCo, is asked to indicate whether it also wishes to participate in the mediation session.

[9] I am not seized of this matter.

Dated at Toronto, this 13th day of June, 2011.

"Signed by"

Brian Eyolfson

Vice-chair