HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Hillary Vipond Applicant
-and-
Ben Wicks Pub and Bistro and David Doherty Respondents
INTERIM DECISION
Adjudicator: Brian Eyolfson Date: November 4, 2011 Citation: 2011 HRTO 2002 Indexed as: Vipond v. Ben Wicks Pub and Bistro
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 June 16, 2009.
2On July 2, 2009, the Tribunal issued a Notice of Application to the respondents. The respondents were advised that a Response (Form 2) must be filed with the Tribunal not later than 35 days from July 2, 2009.
3In an earlier Interim Decision dated August 28, 2009, 2009 HRTO 1355, the Tribunal noted that the respondents had not filed Responses in accordance with the Notice of Application. The respondents were directed to file Responses by September 11, 2009, together with an explanation of why Responses were not filed in accordance with the deadline contained in the Notice of Application, if they wished to participate in this proceeding.
4On September 11, 2009, the individual respondent, David Doherty, requested and was granted an extension of time until September 15, 2009, to file a Response to the Application. On September 18, 2009, Mr. Doherty filed an incomplete Response with the Tribunal.
5By letter dated September 23, 2009, the Tribunal advised the respondents that the Response received by Mr. Doherty was incomplete and could not be accepted. Mr. Doherty was directed to file a complete Response by October 12, 2009. On October 22, 2009, the Tribunal again wrote to the respondents, indicating that the Tribunal had not received a complete Response as directed in its previous correspondence, and the time for doing so had passed. The Tribunal directed that a complete Response be filed by October 29, 2009.
6On January 21, 2010, the Tribunal issued a Notice of Mediation, as both the applicant and the individual respondent indicated an interest in mediation. The Notice of Mediation confirmed that the Tribunal was in receipt of an incomplete Response from the individual respondent, Mr. Doherty, and that the Tribunal had not yet received a Response from the organizational respondent. The Notice of Mediation indicated that these issues would be addressed, if necessary, following the mediation. Ultimately, mediation did not take place.
7As of the date of this Interim Decision, the individual respondent, Mr. Doherty, has not filed a complete Response to the Application, despite being directed to do so by the Tribunal on two occasions. In addition, the Tribunal has not received a Response on behalf of the organizational respondent.
8As the Tribunal explained in its previous Interim Decision, an 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 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.
DIRECTIONS
9The applicant provided an address for the respondents. The Tribunal shall send a copy of this Interim Decision to the respondents by regular mail and courier.
10If the individual respondent, Mr. Doherty, wishes to participate in this proceeding, he shall file a complete Response (Form 2) with the Tribunal, within 10 days of the date of this Interim Decision, together with an explanation of why a complete Response was not filed as previously directed by the Tribunal.
11If the organizational respondent wishes to participate in this proceeding, it shall file a Response (Form 2) with the Tribunal, within 10 days of the date of this Interim Decision, together with an explanation of why a Response was not filed in accordance with the Notice of Application.
12If a Response is not received from a respondent in accordance with the Tribunal's directions set out above, the Tribunal may proceed without further notice to that respondent, and may take any or all of the steps set out in Rule 5.5.
13I am not seized of this matter.
Dated at Toronto, this 4^th^ day of November, 2011.
"Signed by"
___________________________________
Brian Eyolfson Vice-chair