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Ferguson v. National Roofing, 2011 HRTO 1292 — HRTO | minicounsel | minicounsel

July 6, 2011

Ferguson v. National Roofing, 2011 HRTO 1292

Case Summary

The applicant filed an Application for Contravention of Settlement under section 45.9 of the Human Rights Code. The respondents failed to file a Response by the deadline. The Tribunal issued an interim decision warning the respondents that failure to participate could result in the Tribunal proceeding without them and deeming them to have accepted the allegations. The Tribunal granted the respondents 10 days to file a Response along with an explanation for the delay.

Human Rights Tribunal of Ontario

B E T W E E N:

Kelly Ferguson

Applicant

-and-

National Roofing and Todd McKee

Respondent

INTERIM decision

Adjudicator: Brian Eyolfson

Date: July 6, 2011

Citation: 2011 HRTO 1292

Indexed as: Ferguson v. National Roofing

[1] On May 26, 2011, the applicant filed an Application for Contravention of Settlement (Form 18), under section 45.9 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the "Code").

[2] On June 1, 2011, the Tribunal sent a letter to the respondents, National Roofing and Todd McKee, confirming the receipt of the applicant's Form 18 and advising that they must file a Response to the Application (Form 19) by June 9, 2011.

[3] As of the date of this Interim Decision the respondents have not filed a Response, nor has the Tribunal's correspondence been returned.

[4] An application to the Tribunal starts a legal proceeding. A finding that a party has contravened a settlement within the meaning of s.45.9 of the Code may lead to any order that the Tribunal finds is appropriate to remedy the contravention.

[5] Failure to file a response or participate in a Tribunal proceeding may lead to orders against individual and corporate 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.

[6] The applicant has provided addresses for the respondents and their representative. The Tribunal shall send a copy of this Interim Decision to the respondents and their representative by regular mail, and to the organizational respondent and the respondents' representative by courier.

[7] If the respondents wish to participate in this proceeding, they shall file a Response 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 previous Tribunal letter dated June 1, 2011. 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.

[8] I am not seized of this matter.

Dated at Toronto, this 6^th^ day of July, 2011.

"Signed by"

Brian Eyolfson

Vice-chair