Clements v. Duke and Duchess, 2011 HRTO 1156

Human Rights Tribunal of Ontario

B E T W E E N:

Emma Clements Applicant

-and-

Duke and Duchess, Billy Fatkin Junior and Sean Phillips Respondents

INTERIM DECISION

Adjudicator: Brian Eyolfson Date: June 14, 2011 Indexed as: Clements v. Duke and Duchess

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 December 1, 2010.

2On March 10, 2011 Tribunal issued a Notice of Application to the respondents in which it directed that a Response to the Application must be filed with the Tribunal not later than April 13, 2011.

3As of the date of this Interim Decision the respondents have not filed a Response or Responses, nor has the Tribunal's correspondence to them 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 organizational respondents without their participation. The respondents' 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.

5If the respondents wish to participate in this proceeding, they shall file a Response or separate Responses with the Tribunal within 10 days of 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 respondents and may take any or all of the steps set out in Rule 5.5.

6The applicant has provided an address for each of the respondents. In view of the possibility of regular mail delivery being disrupted by ongoing Canada Post job actions, the Tribunal will deliver this Interim Decision to the parties by courier. The respondents must ensure that their documents reach the HRTO in a timely manner. The parties' attention is directed to the fact that materials may be filed with the Tribunal by e-mail, fax, courier, or hand delivery.

7I am not seized of this matter.