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Linda Garrell (Fowler) v. Spicers Bakery, 2012 HRTO 87

January 13, 2012

Linda Garrell (Fowler) v. Spicers Bakery, 2012 HRTO 87

Case Summary

The applicant filed an application under section 34 of the Human Rights Code. The respondent failed to file a response by the deadline set out in the Notice of Application. The Tribunal issued an interim decision warning the respondent of the consequences of failing to participate, including the possibility of the Tribunal proceeding without further notice and deeming the respondent to have accepted the allegations. The respondent was granted a final extension to file a response and explain the delay.

Human Rights Tribunal of Ontario

B E T W E E N:

Linda Garrell (Fowler)

Applicant

-and-

Spicers Bakery

Respondent

INTERIM decision

Adjudicator: David A. Wright

Date: January 13, 2012

Citation: 2012 HRTO 87

Indexed as: Garrell v. Spicers Bakery

[1] The applicant filed an Application under section 34 of the Human Rights Code, R.S.O. 1990, c. H.19 as amended, (the “Code”) on August 18, 2011..

[2] On September 13, 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 October 18, 2011. As of the date of this Interim Decision the respondent has not filed a Response, nor has the Tribunal’s correspondence with the respondent been returned to it.

[3] An 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.

[4] The 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.

[5] If the respondent wishes to participate in this proceeding, it shall file a Response by January 27, 2012, 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.

[6] I am not seized of this matter.

Dated at Toronto, this 13^th^ day of January, 2012.

“signed by”

David A. Wright

Associate Chair