Fidela Amurao v. Her Majesty the Queen in Right of Ontario as represented by the Minister of Community and Social Services, 2012 HRTO 2204

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Fidela Amurao Applicant

-and-

Her Majesty the Queen in Right of Ontario as represented by the Minister of Community and Social Services Respondent

INTERIM DECISION

Adjudicator: David Muir Decision Date: November 26, 2012 Citation: 2012 HRTO 2204 Indexed as: Amurao v. Ontario (Community and Social Services)

1This is an application filed under section 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”).

2The Tribunal deferred consideration of the Application pending completion of a grievance proceeding (2010 HRTO 2212) and subsequently allowed its reactivation on the withdrawal of the underlying grievance (2012 HRTO 1903). In 2012 HRTO 1903, issued October 5, 2012, the Tribunal also ordered the respondent to file its Response to the Application, which it had not previously been required to file, within 35 days of that Interim Decision.

3As of the date of this Interim Decision the 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 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 Tribunal shall send a copy of this Interim Decision to the respondent’s counsel by regular mail, fax, and email.

6If 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 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.

7I am not seized of this matter.