Lorraine Harvey v. Newtek Automotive Distribution Inc. and Jane Wu, 2012 HRTO 1959

Human Rights Tribunal of Ontario

B E T W E E N:

Lorraine Harvey

Applicant

-and-

Newtek Automotive Distribution Inc. and Jane Wu

Respondents

INTERIM DECISION

Adjudicator: David Muir

Decision Date: October 16, 2012

Citation: 2012 HRTO 1959

Indexed as: Harvey v. Newtek Automotive Distribution Inc.

1The applicant filed this Application under section 45.9(3) of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), on June 5, 2012.

2On July 31, 2012, counsel for the applicant confirmed by a Statement of Delivery that the Application was served on the respondents on July 31, 2012. The Application directs responding parties to file a Response to the Application for Contravention of Settlement within 14 days of delivery of the Application, which would have been no later than August 14, 2012.

3As of the date of this Interim Decision, the respondents have not filed a Response.

4An 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. The respondents’ 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.

1The applicant has provided an address for the respondents. The Tribunal shall send a copy of this Interim Decision to the respondents by regular mail and courier.

2If the respondents wish to participate in this proceeding, they shall file their Responses with the Tribunal within 14 days of 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 respondent and may take any or all of the steps set out in Rule 5.5.

3I am not seized of this matter.