Long v. Annette’s Donuts Ltd., 2012 HRTO 825

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Xiang (John) Long

Applicant

-and-

Annette’s Donuts Ltd.

Respondent

INTERIM decision

Adjudicator: Michelle Flaherty

Date: April 24, 2012

Citation: 2012 HRTO 825

Indexed as: Long v. Annette’s Donuts Ltd.

1On February 21, 2012, the applicant filed an Application for Contravention of Settlement (Form 18) under section 45.9 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”).

2On February 22, 2012, the Tribunal sent a letter to the respondent confirming the receipt of the applicant’s Form 18 and advising that it must file a Response to the Application (Form 19) by March 1, 2012.

3As of the date of this Interim Decision the respondent has not filed a Response, nor has the Tribunal’s correspondence been returned.

4An application to the Tribunal starts a legal proceeding. A finding that a party has failed breached a settlement within the meaning of 45.9 of the Code may lead to various orders, including monetary compensation and other forms of restitution to the applicant. 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 states:

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, email address, and fax number for the respondent. The Tribunal shall send a copy of this Interim Decision to the respondent by courier, regular mail, email and fax.

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 previous Tribunal letter dated February 22, 2012. 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.