Cross v. ServiceMaster of Kingston, 2011 HRTO 1973

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Rhonda Cross

Applicant

-and-

1034245 Ontario Limited C.O.B. as ServiceMaster of Kingston,

Bryon Cross and Peter Gould

Respondents

INTERIM decision

Adjudicator: Michelle Flaherty

Date: November 1, 2011

Citation: 2011 HRTO 1973

Indexed as: Cross v. ServiceMaster of Kingston

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 July 28, 2010.

2On March 22, 2011, the Tribunal issued a Notice of Application to the respondents. The respondents were advised that they must file a Response to the Application with the Tribunal by no later than April 26, 2011.

3On April 26, 2011, the respondents, ServiceMaster of Kingston and Peter Gould, filed a Response to the Application.

4On July 4, 2011, counsel for the applicant wrote to the Tribunal and advised that she had reason to believe that the current address for the personal respondent, Bryon Cross, had changed. On July 5, 2011, the Tribunal re-served by regular mail the Notice of Application on Mr. Cross at the address for Mr. Cross provided by counsel for the applicant. In the July 5, 2011 Notice of Application, Mr. Cross was advised that he must file a Response to the Application with the Tribunal by no later than August 9, 2011.

5As of the date of this Interim Decision the personal respondent, Bryon Cross, has not filed a Response, nor has the Tribunal’s correspondence to him been returned.

6An 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 respondents without their participation. The personal respondent, Mr. Cross’, 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.

7The applicant has provided a mailing address the personal respondent, Bryon Cross. The Tribunal shall send a copy of this Interim Decision to the personal respondent, Mr. Cross, at that address by regular mail.

8If Mr. Cross wishes to participate in this proceeding, a Response must be filed with the Tribunal no later than ten days from the date of this Interim Decision together with an explanation of why the Response was not filed in accordance with the Notices of Application. If a Response is not received, the Tribunal may proceed without further notice to the personal respondent, Bryon Cross, and may take any or all of the steps set out in Rule 5.5.

9The responding parties have indicated their consent to engage in mediation and the Registrar will schedule a mediation in the normal course. In the Response the personal respondent, Bryon Cross, is asked to indicate whether he also wishes to participate in the mediation session within two weeks of the date of this Interim Decision.

10I am not seized of this matter.