HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Ivan Frank
Applicant
-and-
Current Express Courier Ltd.
Respondent
INTERIM DECISION
Adjudicator: Maureen Doyle
Indexed as: Frank v. Current Express Courier Ltd.
Introduction
1This is an Application filed under section 34 of Part IV of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), alleging discrimination with respect to employment because of disability and creed.
2On February 29, 2011, the Tribunal issued a Notice of Application to the respondent in which it directed that a Response to the Application (Form 2) must be filed with the Tribunal not later than April 4, 2012.
3On March 26, 2012, counsel for the respondent wrote to the Tribunal requesting an extension of time to file the Response no later than April 23, 2012. On June 11, 2012, the Tribunal wrote to the respondent’s counsel noting the late April 2012 deadline he had proposed and noting that no Response had yet been filed with the Tribunal. The Tribunal advised that should no Response be received by June 12, 2012, the Tribunal would review the application for a decision regarding the failure to file a Form 2. To date, no Response has been filed, nor has the Tribunal’s correspondence been returned as undeliverable.
4An 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 to 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.
5The Tribunal shall send a copy of this Interim Decision to the respondent by regular mail and courier and their representative by regular mail, courier and email.
6If the respondent wishes to participate in this proceeding, it shall file a Response with the Tribunal within 7 days of the date of this Interim Decision, together with an explanation of why the Response was not filed in accordance with the timeline requested in the respondent’s counsel’s March 26, 2012 letter. 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.
7I am not seized.
Dated at Toronto, this 11^th^ day of July, 2012.
Signed by
Maureen Doyle
Vice-chair