McCann v. York University, 2012 HRTO 1708

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Jack McCann

Applicant

-and-

York University

Respondent

A N D B E T W E E N:

Jack McCann

Applicant

-and-

Canadian Union of Public Employees, David Hylton, Richard Price and Calvin Traynor

Respondents

Interim decision

Adjudicator: Naomi Overend

Date: September 10, 2012

Citation: 2012 HRTO 1708

Indexed As: McCann v. York University

1On March 14, 2011, the applicant filed Application 2011-08342-I and asked that the Application be consolidated with Application 2010-07065-I, which had been filed on October 8, 2012. Tthe two files were consolidated in an Interim Decision dated April 25, 2012 (2012 HRTO 845).

2The April 25, 2012 Inteim Decision also addressed, among other issues, the failure of two individual respondents to file proper Responses in Application 2011-08342-I. The individual respondents were directed to file their Responses. This Interim Decision addresses the failure of Richard Price to file a Response in 2011-08342-I.

3When it filed its Response in Application 2011-08342-I, the Canadian Union of Public Employees (“CUPE”) made it clear that it was filing for itself, and not on behalf of the three named individual respondents. The individual respondents were specifically directed to file responses in the Interim Decision dated April 25, 2012.

4Both Calvin Traynor and David Hylton filed Responses. Richard Price did not. The mailed copy of the Interim Decision directing Mr. Price to file his Response was returned with the notation he was not at that address. However, a copy of the Interim Decision was also emailed to him, and there is no indication that he did not receive a copy of the Interim Decision via email.

5Although he failed to file a Response earlier, Mr. Price did participate in mediation. Earlier documents sent to him at the the address on file were not returned. It would appear that the initial contact information provided by the applicant for this individual was valid. Once a party has received notice of the Tribunal’s process, it is incumbent upon that individual to ensure the Tribunal has up-to-date contact information (see Rule 1.13).

6As noted in the April 25, 2012 Interim Decision, failure to file a response or participate in a Tribunal proceeding may lead to orders against individual and corporate respondents without their participation. Rule 5.5 of the Tribunal’s Rules of Procedure 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.

7This warning was repeated in a subsequent Interim Decision of this Tribunal, 2012 HRTO 1493, issued on July 31, 2012. A copy of this Interim Decision was sent by email to Richard Price and he was directed to notify the Tribunal, and all parties and their representatives, of his change in address or otherwise update his contact information.

8In addition, he was advised that if he wished to participate in this proceeding, he should file his full Response within two weeks of the date of the Interim Decision, together with an explanation of why the Response was not filed in accordance with the directions of the Tribunal. No Response was received, despite the warning that the Tribunal might take any or all of the steps set out in Rule 5.5, and the time for so doing has now passed.

ORDER

9In light of Mr. Price’s continued failure to file a Response, I make the following order:

a. Richard Price is deemed to accepted all of the allegations with respect to his conduct in Application 2011-08342-I;

b. The Tribunal will proceed to deal with this Application without further notice to Richard Price and deem him to have waived all rights with respect to participation in this proceeding.

10I am not seized of this matter.