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Linda Garland v. Noik Group, 2012 HRTO 109

January 16, 2012

Linda Garland v. Noik Group, 2012 HRTO 109

Case Summary

The applicant filed an Application under section 34 of the Human Rights Code. The respondent failed to file a Response by the deadline set in the Notice of Application. The Tribunal issued an interim decision directing the respondent to file a Response within 10 days, along with an explanation for the delay, failing which the Tribunal may proceed without further notice and deem the respondent to have accepted the allegations.

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Linda Garland

Applicant

-and-

Noik Group

Respondent

INTERIM decision

Adjudicator: Brian Eyolfson

Date: January 16, 2012

Citation: 2012 HRTO 109

Indexed as: Garland v. Noik Group

[1] The applicant filed this Application under section 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), on August 15, 2011.

[2] On October 6, 2011 the Tribunal issued a Notice of Application to the respondent in which it directed that a Response to the Application must be filed with the Tribunal not later than November 10, 2011.

[3] As of the date of this Interim Decision the respondent has not filed a Response, nor has the Tribunal’s correspondence to it 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 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.

[5] The applicant has provided an address for the respondent. The Tribunal shall send a copy of this Interim Decision to the respondent by regular mail and courier.

[6] If 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.

[7] I am not seized of this matter.

Dated at Toronto, this 16^th day of January 16, 2012.

“Signed by”

Brian Eyolfson

Vice-chair