HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
J.A. Gilles Fortin
Applicant
-and-
Workplace Safety and Insurance Board
Respondent
interim DECISION
Adjudicator: Michelle Flaherty
Date: July 12, 2010
Citation: 2011 HRTO 1219
Indexed as: Fortin v. Workplace Safety and Insurance Board
1On April 21, 2010, the applicant filed an Application under section 45.9(3) of the Human Rights Code, R.S.O. 1990, c. H.19, as amended, (the “Code”) alleging an ongoing breach of a settlement agreement reached pursuant to the Code. I note that section 54 of the Code applies to bring the settlement, effected prior to June 2008, within the scope of section 45.9.
2Although the applicant appears to have served the Application on the respondent, he has not filed a Form 23 as required under the Tribunal’s Rules of Procedure. In response to a Registrar’s letter, the applicant filed a copy of the Minutes of Settlement he alleges were breached.
3The respondent has not filed a Response and the time for doing so under the Tribunal’s Rules of Procedure has elapsed.
REQUIREMENT TO FILE A FORM 23
4Within ten days of this Interim Decision, the applicant is directed to file with the Tribunal a Form 23, confirming that the Application and the Minutes of Settlement were served upon the respondent.
REQUIREMENT TO RESPOND TO THE APPLICATION
5A 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 promote future compliance with the Code. Failure to file a response may lead to orders against a respondent without their participation.
6The respondents’ 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.
7If the respondent wishes to participate in this proceeding, a Response must be filed within twenty days of the date the Form 23 is filed by the applicant. If the Response is not received by this date, the Tribunal may proceed without further notice to the respondent, and may take any or all of the other steps set out in Rule 5.5.
8The Tribunal will send a copy of this Interim Decision to the respondent.
9I am not seized with this matter.
Dated at Toronto, this 12th day of July, 2011.
”signed by”________________
Michelle Flaherty
Vice-chair