Anoquot v. Grey Bruce Health Services, 2011 HRTO 934

Human Rights Tribunal of Ontario

B E T W E E N:

Kevin Anoquot

Applicant

-and-

Grey Bruce Health Services - Southampton Hospital and Donald McCulloch

Respondents

INTERIM decision

Adjudicator: Judith Keene

Date: May 16, 2011

Citation: 2011 HRTO 934

Indexed as: Anoquot v. Grey Bruce Health Services

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 June 11, 2010.

2On January 27, 2011, the Tribunal issued a Notice of Application to each respondent. The respondents were advised that a Response must be filed with the Tribunal by March 4, 2011.

3On March 28, 2011, the individual respondent, Mr. McCulloch, having previously requested and obtained an extension of time to file his Response, filed a Response form objecting to the fact that the Tribunal did not send the Application to him until some six months after it was filed, and requesting that the Application be dismissed for this reason. He has not otherwise responded to the Application.

4As of the date of this Interim Decision, the corporate respondent, Grey Bruce Health Services – Southampton Hospital, has not filed a Response, nor has the Tribunal’s correspondence with the corporate respondent 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 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.

6The Application was filed within the time period set out in the Code. If the personal respondent wishes to participate in this proceeding, he must file a Response by May 31, 2011. If a Response is not received, the Tribunal may proceed without further notice to the personal respondent, and may take any or all of the steps set out in Rule 5.5.

7The applicant has provided an address and telephone number for the corporate respondent. The Tribunal shall send a copy of this Interim Decision to the corporate respondent by regular mail and courier.

8If the corporate respondent wishes to participate in this proceeding, it shall file a Response by May 31, 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 corporate respondent and may take any or all of the steps set out in Rule 5.5.

9I am not seized of this matter.