Kovacevic v. ECE Distribution Ltd., 2011 HRTO 2043

Human Rights Tribunal of Ontario

BETWEEN:

Brooke Kovacevic Applicant

-and-

ECE Distribution Ltd. o/a Branded Merchandise and Darren Watson Respondents

INTERIM DECISION

Adjudicator: Michelle Flaherty Date: November 9, 2011 Citation: 2011 HRTO 2043 Indexed as: Kovacevic v. ECE Distribution Ltd.

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 March 15, 2011.

2On March 21, 2011, the Tribunal issued a Notice of Application to the respondents in which it directed that a Response to the Application must be filed with the Tribunal by April 25, 2011.

3On April 26, 2011, the personal respondent filed a Response denying the allegations of discrimination. He states that he is no longer employed by the corporate respondent and states that the corporate respondent may have dissolved.

4As of the date of this Interim Decision, the corporate 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 corporate respondent's attention is drawn to Rule 5.5 of the Tribunal's Rules of Procedure which states:

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.

DIRECTION

6Within one week of the date of this Interim Decision, the personal respondent is directed to provide to the applicant and the Tribunal any additional contact information he may have for the corporate respondent. If he has no additional information, he must advise the applicant and the Tribunal of this.

7Within three weeks of the date of this Interim Decision, the corporate respondent is directed to either:

a. file a Response to the Application; or

b. advise the parties and the Tribunal in writing whether it has dissolved or is insolvent. The corporate respondent is directed to deliver to the parties and file with the Tribunal any documentation in relation to any stay of proceedings that may have been ordered.

8No later than four weeks from the date of this Interim Decision, the applicant is directed to advise the Tribunal and the parties in writing how she wishes to proceed with the Application against the corporate respondent.

9I am not seized of this matter.