Dmytro Hladyr v. Mary Sunshine, 2011 HRTO 1334

Human Rights Tribunal of Ontario

B E T W E E N:

Dmytro Hladyr Applicant

-and-

Mary Sunshine Respondent

INTERIM DECISION

Adjudicator: Ena Chadha Date: July 14, 2011 Citation: 2011 HRTO 1334 Indexed as: Hladyr v. Sunshine

1On May 24, 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"). A Statement of Delivery (Form 23) was also filed indicating that the Application for Contravention of Settlement was delivered to the respondent by email.

2On May 26, 2011, the Tribunal sent a letter to the respondent confirming the receipt of the applicant's Form 18 and advising that the respondent must file a Response to the Application (Form 19) by June 7, 2011.

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

4An 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.

5Failure to file a response or participate in a Tribunal proceeding may lead to orders against an individual and/or a corporate respondent without their participation. The respondent'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.

6The applicant has provided a mailing address and email address for the respondent. The Tribunal shall send a copy of this Interim Decision to the respondent by regular mail and email.

7If the respondent wishes to participate in this proceeding, the respondent shall file a Response with the Tribunal within 14 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 May 26, 2011. If a Response is not received, the Tribunal may proceed without further notice to the respondent and may take any or all of the steps set out in Rule 5.5.

8I am not seized of this matter.