Jensen v. 2283172 Ontario Ltd., 2012 HRTO 1754

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Shirley Jensen

Applicant

-and-

2283172 Ontario Ltd., Nick Lekkas, and Heleni Lekkas

Respondents

INTERIM decision

Adjudicator: Naomi Overend

Date: September 17, 2012

Citation: 2012 HRTO 1754

Indexed as: Jensen v. 2283172 Ontario Ltd.

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 March 22, 2012.

2On July 25, 2012 the Tribunal issued a Notice of Application to the respondents. The respondents were advised that they must file a Response to the Application with the Tribunal by no later than August 29, 2012. The Notice of Application was sent to the address of service provided by the applicant for the corporate respondent and the two personal respondents.

3On August 10 the Tribunal received a letter from an individual at the address of service provided by the applicant for the two personal respondents. In this letter the person indicates that although they share the same name as one of the personal respondents, the individual is not the person named in the Application nor has the other personal respondent ever resided there.

4As of the date of this Interim Decision the corporate respondent 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 applicant has provided a mailing address for the corporate respondent. The Tribunal shall send a copy of this Interim Decision to the corporate respondent at that address by courier.

7If the corporate respondent 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 of Application. If a Response is not received, the Tribunal may proceed without further notice to the corporate respondent and may take any or all of the steps set out in Rule 5.5.

8The applicant is directed to provide the Tribunal with alternate contact information for the two personal respondents.

9I am not seized of this matter.