Sharon Lam v. Suncor Energy Partnership Products, 2012 HRTO 1795

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Sharon Lam

Applicant

-and-

Suncor Energy Partnership Products (Owner of Petro-Canada), Charles Long, Diane Challis and Robert Ruscica

Respondents

INTERIM DECISION

Adjudicator: Brian Eyolfson

Date: September 20, 2012

Citation: 2012 HRTO 1795

Indexed as: Lam v. Suncor Energy Partnership Products

1The applicant filed this Application under section 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), on January 24, 2012.

2On July 20, 2012 the Tribunal issued a Notice to Named Respondent to the respondent, Robert Ruscica, in which it directed that a Response to the Application must be filed with the Tribunal not later than thirty-five (35) days from July 20, 2012.

3As of the date of this Interim Decision the respondent, Robert Ruscica, has not filed a Response, nor has the Tribunal’s correspondence to him been returned.

4All other named respondents have filed responses with the Tribunal.

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 individual and corporate respondents without their participation. Mr. Ruscica’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.

6An individual respondent has provided an address for the respondent, Robert Ruscica. The Tribunal shall send a copy of this Interim Decision to the respondent, Robert Ruscica, by regular mail and courier.

7If the respondent, Robert Ruscica, wishes to participate in this proceeding, he shall file a Response with the Tribunal within 10 days of 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, Robert Ruscica, and may take any or all of the steps set out in Rule 5.5.

8I am not seized of this matter.