Christopher Eby v. Her Majesty the Queen in Right of Ontario as Represented by the Ministry of Child and Youth Services, 2011 HRTO 155

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Christopher Eby

Applicant

-and-

Her Majesty the Queen in Right of Ontario as Represented by the Ministry of Child and Youth Services

Respondent

INTERIM DECISION

Adjudicator: Sherry Liang

Date: January 21, 2011

Citation: 2011 HRTO 155

Indexed as: Eby v. Ontario (Child and Youth Services)

1The applicant filed an Application under section 34 of the Human Rights Code, R.S.O. 1990, c. H.19 as amended, (the “Code”) on September 20, 2010.

2On December 1, 2010 the Tribunal issued a Notice of Application to the respondent and the Ontario Public Service Employees Union (OPSEU) as a party affected by the Application. The respondent was advised that a Response must be filed with the Tribunal by January 5, 2011.

3On January 11, 2011 counsel for OPSEU wrote to the Tribunal acknowledging receipt of the Application.

4As of the date of this Interim Decision the respondent has not filed a Response, nor has the Tribunal’s correspondence to it been returned.

5An 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 corporate respondents 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 for the respondent and identified the Deputy Minister as the contact person for the respondent. The Tribunal shall send a copy of this Interim Decision to the contact person for the respondent by regular mail and courier. A copy of this Interim Decision will also be sent to the attention of the Director of the Ministry’s Legal Services Branch.

7If the respondent wishes to participate in this proceeding, it 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 Notice of Application. 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.