HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Raymond MacKinnon
Applicant
-and-
Celtech Plastics Ltd. and Nahum Williams
Respondents
INTERIM decision
Adjudicator: Brian Eyolfson
Indexed as: MacKinnon v. Celtech Plastics
[1] The applicant filed an Application under section 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), on June 30, 2010.
[2] On November 3, 2010, the Tribunal issued a Notice of Application to the respondents. The respondents were advised that a Response must be filed with the Tribunal not later than December 8, 2010.
[3] As of the date of this Interim Decision, neither respondent has responded to the Application. The Tribunal’s correspondence with the respondents has not been returned to it.
[4] An 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.
[5] The applicant has provided a mailing address and fax number for the respondents and an email address for the corporate respondent’s contact person. The Interim Decision will be sent to the respondents by mail, courier and fax and will also be emailed to the contact person.
[6] If the respondents wish to participate in this proceeding, they shall file a Response with the Tribunal within 10 days of the date of this Interim Decision, 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.
[7] I am not seized of this matter.
Dated at Toronto, this 7^th^ day of January, 2011.
“Signed by”
Brian Eyolfson
Vice-chair