Mclaughlin v. Compass Group Canada, 2013 HRTO 132

Human Rights Tribunal of Ontario

Between:

Mary Mclaughlin Applicant

-and-

Compass Group Canada, Reviera Nursing Home and Almas Ifraimov Respondents

INTERIM DECISION

Adjudicator: Naomi Overend Date: January 25, 2013 Citation: 2013 HRTO 132 Indexed as: Mclaughlin v. Compass Group 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 October 18, 2012.

2On November 7, 2012 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 December 12, 2012.

3On November 22, 2012, the Tribunal received a one (1) page fax from the organizational respondent, Reviera Nursing Home, with the words "not an employee of Riviera Retirement Lodge. Caledonia, as per Florence Jarvis, RPN. Adm" handwritten on the correspondence. The handwritten note was written on the first page of the correspondence that accompanied the Application issued by the Tribunal.

4On December 19, 2012, the Registrar wrote to Reviera Nursing Home advising it that the response sent on November 22, 2012 was incomplete and cannot be accepted by the Tribunal. The Registrar's letter directed the respondent to file a complete response on or before January 8, 2013.

5On January 12, 2013, the Tribunal received a Response on behalf of Compass Group Canada and the individual respondent, Ms. Almas Ifraimov.

6As of the date of this Interim Decision the respondent, Reviera Nursing Home have not filed a complete Response, nor has the Tribunal's correspondence to it been returned.

7An 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.

8The applicant has provided an address for the respondent. The Tribunal shall send a copy of this Interim Decision to the respondent by courier and regular mail.

9If the respondent Reviera wishes to participate in this proceeding, it shall file a Response with the Tribunal within 14 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.

10I am not seized of this matter.