HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Tayeb Anasseri
Applicant
- and-
Oracle Canada ULC and Patricia Brinson
Respondents
INTERIM decision
Adjudicator: Ian R. Mackenzie
Indexed as: Anasseri v. Oracle Canada ULC
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 April 19, 2011. The Application was sent to the respondents and a document was sent to the Tribunal on June 30, 2011 that was not a proper Response (Form 2).
2On September 1, 2011, the Tribunal sent a Notice of Incomplete Response to the respondent. The letter stated that the Response could not be accepted because the Response Form had not been completed. The respondents were advised that if they provided the completed Form 2 by September 21, 2011, the Response would be accepted and dated as of the date of the original submission. The letter also stated: “If you do not provide the Response Form (Form 2) as directed the Application will continue to be processed in accordance with the HRTO’s Rules of Procedure”.
3As of the date of this Interim Decision the respondent has not filed a completed Form 2 or otherwise responded to the Tribunal’s letter of September 1, 2011.
4Rule 8 of the Tribunal’s Rules of Procedure provides, in part, as follows:
8.1 To respond to an Application under sections 34(1) or 34(5) of the Code, a Respondent must file a complete Response in Form 2 not later than (thirty-five) 35 days after a copy of the Application was sent to the Respondent by the Tribunal.
a) A complete Response must provide the information requested in each section of the Form 2, respond to each allegation set out in the Application and must also include any additional facts and allegations on which the Respondent relies. …
5Although the respondents have filed a detailed document, they have failed to comply with Rule 8 because they have not filed a completed Response in Form 2. The detailed document filed by the respondent does respond to each allegation and includes additional facts and allegations on which the respondents rely. It also includes the proper contact information for the respondents.
6Although the document provided in response to the Application contains all of the information that would be contained in a Form 2, it is not in compliance with the Rules because it is not in the proper form.
7Forms exist for a reason. Forms assist in the expeditious and efficient treatment of applications before the Tribunal. The Rules give the Tribunal the power to enforce this requirement by not considering a Response to have been filed until a Form 2 is submitted. The consequences of a failure to file a Response in the appropriate form, is 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.
8The respondents are therefore directed to file a completed Form 2 within ten days of the date of this Interim Decision. The document already submitted to the Tribunal on June 30, 2011 will be added as a schedule to the completed Form.
Decision
9The Tribunal makes the following orders:
a. The respondents are required to submit a Form 2 within ten days of the date of this Interim Decision.
b. The document submitted on June 30, 2011 will be added as a schedule to the completed Form.
10I am not seized.
Dated at Toronto, this 14th day of October, 2011.
”signed by”
Ian R. Mackenzie
Vice-chair