Grubac v. Sheraton Hamilton Hotel, 2012 HRTO 340

Human Rights Tribunal of Ontario

B E T W E E N:

Jadranka Grubac Applicant

-and-

Sheraton Hamilton Hotel Respondent

INTERIM DECISION

Adjudicator: Sherry Liang Date: February 16, 2012 Citation: 2012 HRTO 340 Indexed as: Grubac v. Sheraton Hamilton Hotel

1The applicant filed this Application for Contravention of Settlement under section 45.9(3) of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the "Code"), on December 21, 2011.

2On December 22, 2011, the Tribunal issued a Confirmation of Receipt of Application Alleging Contravention of Settlement. The Notice directed that a Response to the Application must be filed with the Tribunal not later than December 28, 2011.

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 applicant has provided an address for the respondent. The Tribunal shall send a copy of this Interim Decision to the respondent by regular mail and courier, to the attention of Jason White, Starwood Hotel and Resorts.

6If the respondent wishes to participate in this proceeding, it shall file a Response with the Tribunal within 10 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.