Jackson v. S.M. Pharmacy Consulting Inc., 2012 HRTO 2201

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Karen Jackson

Applicant

-and-

S.M. Pharmacy Consulting Inc. c.o.b. as Niagara Health Centre Pharmacy

Respondent

INTERIM DECISION

Adjudicator: Brian Eyolfson

Decision Date: November 23, 2012

Citation: 2012 HRTO 2201

Indexed as: Jackson v. S.M. Pharmacy Consulting 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 August 21, 2012.

2On August 27, 2012, the Tribunal issued a Notice of Application to the respondent in which it directed that a Response to the Application must be filed with the Tribunal not later than September 28, 2012.

3On October 1, 2012, the Tribunal received a request to extend the time for filing a Response. In a letter dated October 2, 2012, the Tribunal granted the extension until October 23, 2012.

4On October 22, 2012, the Tribunal received a further request from the respondent to extend the time for filing a Response. In a letter dated October 23, 2012, the Tribunal granted this further extension until November 13, 2012.

5As of the date of this Interim Decision the respondent has not filed a Response.

6An 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 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.

7Counsel for the respondent has provided his contact information. The Tribunal shall send a copy of this Interim Decision to the respondent's counsel by regular mail, fax, and email.

8If the respondent wishes to participate in this proceeding, it 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 Tribunal's letter of October 23, 2012. 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.

9I am not seized of this matter.