Dwight Wayme Hibbert v. Weber Marketing Systems of Canada, 2012 HRTO 463

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Dwight Wayme Hibbert

Applicant

-and-

Weber Marketing Systems of Canada,

Linda Duquette and Adolifo Balinado

Respondents

INTERIM decision

Adjudicator: Sherry Liang

Date: March 5, 2012

Citation: 2012 HRTO 463

Indexed as: Hibbert v. Weber Marketing Systems of Canada

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 April 14, 2011.

2On June 16, 2011 the Tribunal issued a Notice of Application to the respondents in which it directed that a Response to the Application must be filed with the Tribunal not later than July 21, 2011.

3On August 2, 2011 the Tribunal granted a Request for an extension of time to file the Response until no later than August 16, 2011. Notwithstanding the extension, as of the date of this Interim Decision the respondents have 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 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.

5The applicant has provided an address and fax number for the respondents. The Tribunal shall send a copy of this Interim Decision to the respondents by regular mail and courier and their representative by regular mail, courier and email.

6If the respondents wish to participate in this proceeding, they 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 timeline set out in the extension letter. 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.

7I am not seized of this matter.