Margaret Proctor v. Microsoft Canada, 2011 HRTO 80

Human Rights Tribunal of Ontario

BETWEEN:

Margaret Proctor Applicant

-and-

Microsoft Canada Respondent

INTERIM DECISION

Adjudicator: Kathleen Martin Date: January 11, 2011 Citation: 2011 HRTO 80 Indexed as: Proctor v. Microsoft Canada

Reasons for Decision

1This Application was filed under section 34 of the Human Rights Code, R.S.O. 1990, c. H.19 as amended, (the "Code") on November 12, 2010. The Tribunal delivered the Application to the respondent by letter dated November 26, 2010. The Notice of Application directed the respondent that a Response must be filed with the Tribunal by December 31, 2010.

2As of the date of this Interim Decision the respondent has not filed a Response, nor has the Tribunal's correspondence to it been returned.

3An 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'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.

4The applicant has provided an address for the respondent plus an email address for the respondent's contact person. The Tribunal shall send a copy of this Interim Decision to the respondent by regular mail, courier and email.

5If the respondent wishes to participate in this proceeding, it 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 respondent and may take any or all of the steps set out in Rule 5.5.

6I am not seized of this matter.