Dana Sands v. Reebok Canada Inc. and Jason Picard, 2011 HRTO 449

Human Rights Tribunal of Ontario

B E T W E E N:

Dana Sands

Applicant

-and-

Reebok Canada Inc. and Jason Picard

Respondent

INTERIM DECISION

Adjudicator: Alan G. Smith Date: March 3, 2011 Citation: 2011 HRTO 449 Indexed as: Sands v. Reebok Canada

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 October 18, 2011.

2On December 6, 2010, the Tribunal issued a Notice of Application to the respondents. The respondents were advised that a Response must be filed with the Tribunal by January 10, 2011.

3On January 4, 2011, the Tribunal granted the respondents' counsel an extension of time to January 24, 2011, to file a Response.

4As of the date of this Interim Decision the respondents have not filed a Response, nor has the Tribunal's correspondence with the respondents been returned to it.

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 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.

6The respondents' counsel has provided the Tribunal with a mail and email address. The Tribunal shall send a copy of this Interim Decision to the respondents by regular mail, courier and email.

7If the respondents wish to participate in this proceeding, they shall file a Response by March 14, 2011, together with an explanation of why the Response was not filed in accordance with the Notice of Application. If a Response is not received, the Tribunal may proceed without further notice to the respondents and may take any or all of the steps set out in Rule 5.5.

8I am not seized of this matter.