Slava Zibert v. Honeywell ASCa Inc., 2011 HRTO 2020

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Slava Zibert

Applicant

-and-

Honeywell ASCa Inc.

Respondent

INTERIM decision

Adjudicator: Brian Eyolfson

Date: November 8, 2011

Citation: 2011 HRTO 2020

Indexed as: Zibert v. Honeywell ASCa Inc.

1The applicant filed this Application under section 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), on January 27, 2011.

2On April 29, 2011, the Tribunal issued a Notice of Application to the respondent in which it directed that a Response to the Application must be filed with the Tribunal no later than June 3, 2011.

3On June 22, 2011 the Tribunal received an incomplete Response filed by the respondent.

4On August 17, 2011 the Tribunal sent a Notice of Incomplete Response to the respondent indicating that the Response filed was incomplete and could not be accepted. The August 17, 2011 Notice set out that the respondent was required to answer specific questions on the Response form and sign and return the completed Response to the Tribunal by September 6, 2011.

5As of the date of this Interim Decision the respondent has not filed a complete Response, nor has the Tribunal’s correspondence to it 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 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.

7The respondent has indicated that the best way to send information to it is by mail and email. The Tribunal shall send a copy of this Interim Decision to the respondent by fax, regular mail and email.

8If the respondent wishes to participate in this proceeding, it shall file a complete Response 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 in accordance with the Tribunal’s direction. If a complete 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.

9I am not seized of this matter.