HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Kevin Law
Applicant
-and-
Organizational Solutions Inc., Expertech and Kathryn Sinden
Respondents
-and-
Communications, Energy and Paperworkers Union of Canada
Affected Party
INTERIM decision
Adjudicator: David A. Wright
Indexed as: Law v. Organizational Solutions 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”). In 2009, the Application was deferred by Interim Decision (see 2009 HRTO 1323) and in 2012 it was reactivated (see 2012 HRTO 1313).
2Expertech, formerly identified as an “affected person” within the meaning of the Tribunal’s Rules, was named as an additional Respondent by Organizational Solutions Inc. and Kathryn Sinden in their Response. Expertech was provided with a Notice of Application, the Application and the Response. Expertech was advised that it must file a Response to the Application with the Tribunal by no later than October 29, 2012.
3As of the date of this Interim Decision, Expertech 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 respondents without their participation. The corporate 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.
5Counsel for Organizational Solutions and the individual respondent has provided a mailing address and an email address for the Expertech. The Tribunal shall send a copy of this Interim Decision to Expertech at that address by regular mail and email.
6If the corporate respondent Expertech 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 corporate respondent and may take any or all of the steps set out in Rule 5.5.
7I am not seized of this matter.
Dated at Toronto, this 28^th^ day of December, 2012.
”signed by”
David A. Wright
Associate Chair