Teske v. F.J. Davey Home, 2011 HRTO 454

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Marlene Teske

Applicant

-and-

F.J. Davey Home, Canadian Union of Public Employees and its Local 4685

and Laura Delhenty

Respondents

INTERIM DECISION

Adjudicator: David A. Wright

Date: March 3, 2011

Citation: 2011 HRTO 454

Indexed as: Teske v. F.J. Davey Home

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 6, 2010.

2On December 10, 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 14, 2011.

3On January 14, 2011 the respondents Canadian Union of Public Employees, Local 4685 and Laura Delhenty filed their Response.

4On February 3, 2011 the representative of the respondent F.J. Davey Home wrote to the applicant and the Tribunal to advise that a Response would be filed shortly. However as of the date of this Interim Decision this respondent has not filed a Response, nor has the Tribunal’s correspondence to its representative 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 respondent F.J. Davey Home’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.

6The Tribunal shall send a copy of this Interim Decision to the respondent F.J. Davey Home by regular mail, courier and fax to its corporate address and by mail, courier and email to its representative at his business address.

7If the respondent F.J. Davey Home wishes to participate in this proceeding, it shall file a Response by March 10, 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 this respondent and may take any or all of the steps set out in Rule 5.5.

8I am not seized of this matter.