Brosseau v. Hamilton-Wentworth District School Board, 2012 HRTO 1551

Human Rights Tribunal of Ontario

B E T W E E N:

Kimberley Brosseau Applicant

-and-

Hamilton-Wentworth District School Board and Hamilton-Wentworth Elementary Teachers’ Local Respondents

INTERIM DECISION

Adjudicator: Brian Eyolfson Date: August 13, 2012 Citation: 2012 HRTO 1551 Indexed as: Brosseau v. Hamilton-Wentworth District School Board

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 October 27, 2011.

2On March 15, 2012, the Tribunal issued a Notice of Application to the respondent Hamilton-Wentworth District School Board. The respondent was advised that it must file a Response to the Application with the Tribunal by no later than April 19, 2012.

3The Tribunal granted the respondent Hamilton-Wentworth District School Board’s request to extend the time for filing its Response to May 11, 2012.

4On May 11, 2012, the respondent Hamilton-Wentworth District School Board filed a Response to the Application.

5On June 15, 2012, the Tribunal issued a Notice to Named Respondent advising the Hamilton-Wentworth Elementary Teachers’ Local that it had been named as a respondent in the Application. The respondent Hamilton-Wentworth Elementary Teachers’ Local was advised that it could file a Response to the Application no later than thirty-five (35) days from June 15, 2012.

6As of the date of this Interim Decision the respondent Hamilton-Wentworth Elementary Teachers’ Local has not filed a Response, nor has the Tribunal’s correspondence to it been returned.

7An 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 respondent Hamilton-Wentworth Elementary Teachers’ Local’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.

8The respondent has provided a mailing address for the respondent Hamilton-Wentworth Elementary Teachers’ Local. The Tribunal shall send a copy of this Interim Decision to this respondent at that address by regular mail.

9If the respondent Hamilton-Wentworth Elementary Teachers’ Local wishes to participate in this proceeding, a Response must be filed with the Tribunal no later than 14 days from the date of this Interim Decision together with an explanation of why the Response was not filed in accordance with the Notice to Named Respondent. If a Response is not received, the Tribunal may proceed without further notice to the respondent Hamilton-Wentworth Elementary Teachers’ Local and may take any or all of the steps set out in Rule 5.5.

10The 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 respondent Hamilton-Wentworth Elementary Teachers’ Local is asked to indicate whether it also wishes to participate in the mediation session.

11I am not seized of this matter.