Dubé v. Peer Support of Sudbury Inc., 2012 HRTO 2067

Human Rights Tribunal of Ontario

B E T W E E N:

Ritchy Dubé

Applicant

-and-

Peer Support of Sudbury Inc., Greater Sudbury Police Services, North East Local Health Integration Network, Canadian Mental Health Association – Sudbury/Manitoulin, Gilles Blais, Harold Parker and Jim Dever

Respondents

INTERIM decision

Adjudicator: Brian Eyolfson

Date: October 30, 2012

Citation: 2012 HRTO 2067

Indexed as: Dubé v. Peer Support of Sudbury Inc.

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 June 30, 2010.

2On May 11, 2011, the Tribunal issued a Notice of Application to the respondents, including the individual respondent, Harold Parker. The Notice sent to Mr. Parker was returned to the Tribunal.

3On October 25, 2011, the Tribunal issued a second Notice of Application to the individual respondent, Mr. Parker, at a new address provided by the applicant. The Notice indicated that a Response to the Application must be filed by November 29, 2011. As of the date of this Interim Decision the individual respondent, Mr. Parker, has not filed a Response to the Application, nor has the Tribunal's correspondence to him dated November 29, 2011, been returned to the Tribunal.

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. Mr. Parker'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 for the individual respondent, Mr. Parker. The Tribunal shall send a copy of this Interim Decision to Mr. Parker by regular mail and courier

6If the individual respondent, Mr. Parker, wishes to participate in this proceeding, he shall file a Response (Form 2) within 10 days of the date of this Interim Decision, together with an explanation of why a 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 individual respondent, Mr. Parker, and may take any or all of the steps set out in Rule 5.5.

7I am not seized of this matter.