HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Denielle Brennan

Applicant

-and-

Joseph Brant Memorial Hospital and Organizational Solutions

Respondents

INTERIM DECISION

Adjudicator: Alison Renton

Date: April 12, 2011

Citation: 2011 HRTO 702

Indexed as: Brennan v. Joseph Brant Memorial Hospital

[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 January 14, 2011.

[2] On February 15, 2011 the Tribunal issued a Notice of Application to the respondents and the applicant’s union Canadian Union of Public Employees (“the union”). The respondents were advised that a Response must be filed with the Tribunal by March 22, 2011. The respondent Joseph Brant Memorial Hospital filed a Response dated March 22, 2011. The union filed a Request to Intervene dated March 22, 2011. As of the date of this Interim Decision the respondent Organizational Solutions has not filed a Response, nor has the Tribunal’s correspondence sent to this respondent been returned to the Tribunal.

[3] 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 respondent Organizational Solution’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.

[4] The applicant has provided an address and fax number for the respondent Organizational Solutions. The Tribunal shall send a copy of this Interim Decision to the respondent by regular mail, courier, and fax.

[5] If the respondent Organizational Solutions wishes to participate in this proceeding, it shall file a Response by April 19, 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 respondent Organizational Solutions and may take any or all of the steps set out in Rule 5.5.

[6] I am not seized of this matter.

Dated at Toronto, this 12^th^ day of April, 2011.

“Signed by”

Alison Renton

Vice-chair