Amr Amer v. Aditya Birla Minacs Worldwide Inc. and Rosemary Riina, 2012 HRTO 2042

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Amr Amer

Applicant

-and-

Aditya Birla Minacs Worldwide Inc. and Rosemary Riina

Respondents

INTERIM DECISION

Adjudicator: Naomi Overend

Decision Date: October 25, 2012

Citation: 2012 HRTO 2042

Indexed as: Amer v. Aditya Birla Minacs Worldwide Inc.

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 September 4, 2012.

2On September 10, 2012 the Tribunal issued a Notice of Application to the respondents in which it directed that a Response to the Application must be filed with the Tribunal not later than October 15, 2012.

3On October 15, 2012 the corporate respondent filed a Response to the Application. As of the date of this Interim Decision the personal respondent has not filed a Response, nor has the Tribunal’s correspondence to it been returned.

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 personal 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.

5The applicant has provided an address and fax number for the personal respondent. The Tribunal shall send a copy of this Interim Decision to the personal respondent by courier and fax.

6If the personal respondent wishes to participate in this proceeding, she shall file a Response 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 personal respondent and may take any or all of the steps set out in Rule 5.5.

7The corporate respondent and the applicant have indicated their consent to engage in mediation and the Registrar will schedule a mediation in the normal course. In the Response the personal respondent is asked to indicate whether she also wishes to participate in the mediation session.

8I am not seized of this matter.