HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Rose Marie Thomas

Applicant

-and-

IATSE Local 822 (Toronto), IATSE Local 58 (Toronto), IATSE 129 (Hamilton), IATSE 461 Niagara, Maple Leaf Sports and Entertainment, Ontario Teacher’s Pension Fund, Domenic Marcone, Cheryl Batulis, Heather Clarkson, Matthew D. Loeb, David Mirvish and Blair Egglestone

Respondents

INTERIM DECISION

Adjudicator: Brian Eyolfson

Date: May 30, 2012

Citation: 2012 HRTO 1076

Indexed as: Thomas v. IATSE Local 822 (Toronto)

Introduction

[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 November 7, 2011.

[2] On January 30, 2012 the Tribunal issued a Notice of Application to the respondents. The respondents were advised that they must file a Response to the Application with the Tribunal by no later than March 5, 2012.

[3] As of the date of this decision all respondents have filed a Response to the Application with the exception of the personal respondent, Domenic Marcone. Mr. Marcone has not filed a Response, nor has the Tribunal’s correspondence to him been returned.

[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 respondents without their participation. Mr. Marcone’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.

[5] The applicant has provided a mailing address for Mr. Marcone. The Tribunal shall send a copy of this Interim Decision to Mr. Marcone at that address by regular mail and courier.

[6] If the personal respondent, Mr. Marcone, wishes to participate in this proceeding, a Response must be filed with the Tribunal no later than ten days from 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 personal respondent, Mr. Marcone, 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 30^th day of May, 2012.

“Signed by”

Brian Eyolfson

Vice-chair