Ha Phuoc On v. Amore Food Group Inc., 2012 HRTO 2351

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Ha Phuoc On

Applicant

-and-

Amore Food Group Inc. and Maria Caruso

Respondents

INTERIM DECISION

Adjudicator: Naomi Overend

Decision Date: December 17, 2012

Citation: 2012 HRTO 2351

Indexed as: On v. Amore Food Group 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 June 10, 2011.

2On August 25, 2011 the Tribunal issued a Case Assessment Direction ("CAD") to the parties in which it directed that a summary hearing be held to determine if the Application should not be dismissed as having no reasonable prospect of success. The Tribunal delivered a copy of the Application to the respondents with the CAD.

3Following a summary hearing held on January 17, 2012 the Tribunal issued an Interim Decision on September 18, 2012 that dismissed the Application as against the respondent Nancy Walters and directed that the Application proceed as against Amore Food Group Inc and Maria Caruso. These remaining respondents were directed in the Interim Decision to file a Response to the Application within 21 days of the date of the decision.

4As of the date of this Interim Decision the respondents have not filed a Response, nor has the Tribunal's correspondence to it 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 individual and corporate respondents without their participation. The respondents' 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 an address for the respondents. The Tribunal shall send a copy of this Interim Decision to the respondents by regular mail and courier.

7If the respondents wish to participate in this proceeding, they 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 Interim Decision. If a Response is not received, the Tribunal may proceed without further notice to the respondents and may take any or all of the steps set out in Rule 5.5.

8I am not seized of this matter.