Saxon v. 1762668 Ontario Inc., 2012 HRTO 1212

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Linda Saxon

Applicant

-and-

1762668 Ontario Inc., Rennie Rota, and

Fiorito Physiotherapy Professional Corporation

o/a Amherstburg Physical Therapy

Respondents

INTERIM decision

Adjudicator: Brian Eyolfson

Date: June 20, 2012

Citation: 2012 HRTO 1212

Indexed as: Saxon v. 1762668 Ontario Inc.

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 December 29, 2011.

2On March 8, 2012, the Tribunal issued a Notice of Application to the respondents, 1762668 Ontario Inc. and Rennie Rota. The respondents were advised that they must file a Response to the Application with the Tribunal by no later than April 12, 2012.

3On April 12, 2012, these respondents filed a Response to the Application. In their Response, the respondents listed an additional respondent to the Application, Fiorito Physiotherapy Professional Corporation operating as Amherstburg Physical Therapy. On April 13, 2012, the Tribunal sent a Notice to Named Respondent by regular mail to the additional respondent, attaching the Application and the Response. In this Notice the Tribunal advised this respondent that it was to file a response by May 18, 2012.

4As of the date of this Interim Decision the additional respondent, Fiorito Physiotherapy Professional Corporation operating as Amherstburg Physical Therapy, has not filed a Response, nor has the Tribunal’s correspondence to it 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 respondents without their participation. The corporate 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.

6The respondents in their Response have provided a mailing address for the additional respondent, Fiorito Physiotherapy Professional Corporation operating as Amherstburg Physical Therapy. The Tribunal shall send a copy of this Interim Decision to the additional respondent at that address by regular mail and courier.

7If the additional respondent 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 additional respondent and may take any or all of the steps set out in Rule 5.5.

8The other responding parties have indicated their consent to engage in mediation and the Registrar will schedule a mediation in the normal course. In the Response the additional respondent is asked to indicate whether it also wishes to participate in the mediation session.

9I am not seized of this matter.