Human Rights Tribunal of Ontario
B E T W E E N:
Agnes Klail Applicant
-and-
One Health Clubs Respondent
INTERIM decision
Adjudicator: Naomi Overend Date: February 1, 2012 Citation: 2012 HRTO 236 Indexed as: Klail v. One Health Clubs
Reasons for Decision
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 September 29, 2011.
2On November 9, 2011, the Tribunal issued a Notice of Application to the respondent. The respondent was advised that a Response must be filed with the Tribunal by December 14, 2011. The respondent sought an extension to December 30, 2011, which was granted. On December 29, 2011, the respondent's representative filed a "draft" Response, in which it is noted that the respondent disputes the applicant's allegations in her Application, but does not contain a summary of the facts and defences as required.
3In the covering note with the Response, a paralegal from the firm indicated that the respondent's representative, Bruce Jaeger, was away until January 9, 2012, and that a completed Response would be submitted upon his return. As of the date of this Interim Decision the respondent has not filed a completed Response, nor has anyone from Mr. Jaeger's office communicated with 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. 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.
5If the respondent wishes to participate in this proceeding, it shall file a completed Response by one week from the date of this Interim Decision, together with an explanation of why the completed Response was not filed in accordance with the Tribunal's December 21, 2011 letter granting the extension to December 30, 2011. If a completed Response is not received by the Tribunal within one week from the date of this Interim Decision, 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.set out in para. 4 above.
6I am not seized of this matter.
Dated at Toronto, this 1st day of February, 2012.
"Signed by"
___________________________________
Naomi Overend Vice-chair