HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Jesse Lorbetskie
Applicant
-and-
CCW Group of Companies Inc., Diane Benton and Derek Godbout
Respondents
INTERIM decision
Adjudicator: David Muir
Indexed as: Lorbetskie v. CCW Group of Companies 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 26, 2012.
2On August 22, 2012 the Tribunal issued a Notice of Application to the respondents. The respondents were advised that they must file a Response to the Application with the Tribunal by no later than September 26, 2012.
3On September 25, 2012 a Response to the Application was filed on behalf of CCW Group of Companies Inc. and Diane Benton.
4As of the date of this Interim Decision the personal respondent Derek Godbout has not filed a Response, nor has the Tribunal’s correspondence to him been returned.
5An 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 respondents without their participation. The personal respondent Derek Godbout’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.
6The applicant has provided a mailing address, fax number and email address for the personal respondent Derek Godbout. The Tribunal shall send a copy of this Interim Decision to him at each of those addresses by regular mail, fax and email.
7If the personal respondent Derek Godbout wishes to participate in this proceeding, a Response must be filed with the Tribunal no later than 14 days from 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 Derek Godbout and may take any or all of the steps set out in Rule 5.5.
8The responding parties 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 Derek Godbout is asked to indicate whether he also wishes to participate in the mediation session.
9I am not seized of this matter.
Dated at Toronto, this 29th day of November, 2012.
”signed by”
David Muir
Vice-chair