Bradley Parks v. Mighty Bargain Store, 2011 HRTO 60

Human Rights Tribunal of Ontario

B E T W E E N:

Bradley Parks

Applicant

-and-

Mighty Bargain Store

Respondent

INTERIM DECISION

Adjudicator: Ena Chadha

Date: January 7, 2011

Citation: 2011 HRTO 60

Indexed as: Parks v. Mighty Bargain Store

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 12, 2010.

2On October 19, 2010, the Tribunal issued a Notice of Application to the respondent advising that a Response (Form 2) must be filed with the Tribunal no later than 35 days from the date of the Notice.

3The Tribunal received a Response from the respondent; however the document was submitted on the incorrect form. On November 26, 2010, the Tribunal notified the respondent that its Response could not be processed due to the incorrect form. The Tribunal directed the respondent to complete and file a Form 2 Response. The Tribunal’s letter enclosed a Form 2 and a copy of the Respondent’s Guide.

4As of the date of this Interim Decision, the respondent has not filed a Form 2 Response, nor further corresponded or communicated with the Tribunal.

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 organizational 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.

6The Tribunal shall send a copy of this Interim Decision to the respondent by courier and regular mail.

7If the respondent intends to participate in this proceeding, it is required to file a Form 2 Response within 14 days of the date of this Interim Decision. If a Form 2 Response is not received within 14 days, 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.