Leslie Austin v. Her Majesty the Queen in Right of Ontario as represented by the Minister of Government Services and London ServiceOntario Office, 2012 HRTO 1790

Human Rights Tribunal of Ontario

B E T W E E N:

Leslie Austin

Applicant

-and-

Her Majesty the Queen in Right of Ontario as represented by the Minister of Government Services and London ServiceOntario Office

Respondents

INTERIM DECISION

Adjudicator: David A. Wright Date: September 20, 2012 Citation: 2012 HRTO 1790 Indexed as: Austin v. Ontario (Government Services)

1By Interim Decision dated August 17, 2012, 2012 HRTO 1586, London ServiceOntario Office was added as a respondent to this Application and directed to file a Response in Form 2 within three weeks. It did not do so. The Decision was sent to it by courier.

2An application to the Tribunal is 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 individual and corporate respondents without their participation. London ServiceOntario Office’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.

3A copy of this decision shall be sent to the London ServiceOntario Office by e-mail, regular mail, and courier. If London ServiceOntario Office wishes to participate in this proceeding, it shall deliver to the applicant and the respondent Crown and file with the Tribunal its Response by September 25, 2012, together with an explanation of why the Response was not filed as directed by the Tribunal. If a Response is not received by this date, the Tribunal may proceed without further notice to this respondent and may take any or all of the steps set out in Rule 5.5.