Matthew Wozenilek v. Cara Operations Limited, 2012 HRTO 1952

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Matthew Wozenilek

Applicant

-and-

Cara Operations Limited and

2233310 Ontario Inc. o/a Harvey’s Restaurant #2256

Respondents

INTERIM decision

Adjudicator: David Muir

Date: October 15, 2012

Citation: 2012 HRTO 1952

Indexed as: Wozenilek v. Cara Operations Limited

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 July 5, 2012.

2On July 11, 2012, the Tribunal issued a Notice of Application to the respondent, Cara Operations Limited. The respondent was advised that it must file a Response to the Application with the Tribunal by no later than August 15, 2012.

3On August 15, 2012, this respondent filed a Response to the Application. In its Response it listed as an additional respondent to the Application 2233310 Ontario Inc. c/o Harvey’s Restaurant #2256. On August 22, 2012, the Tribunal sent a Notice to Named Respondent by regular mail to the additional respondent attaching the Application and the Response. In this Notice the Tribunal advised this respondent that it was to file a response by August 22, 2012.

4As of the date of this Interim Decision, the additional respondent, 2233310 Ontario Inc. c/o Harvey’s Restaurant #2256, 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, 2233310 Ontario Inc. c/o Harvey’s Restaurant #2256, is directed 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 respondent Cara Operations Limited in its Response has provided a mailing address for the additional respondent, 2233310 Ontario Inc. c/o Harvey’s Restaurant #2256. The Tribunal shall send a copy of this Interim Decision to the additional respondent at that address by courier and regular mail.

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

8The other parties have indicated their consent to engage in mediation and the Registrar will schedule a mediation in the normal course. In the Response the additional respondent is asked to indicate whether it also wishes to participate in the mediation session.

9I am not seized of this matter.