Schnerch v. Il Fornetto Restaurant, 2013 HRTO 1515

Human Rights Tribunal of Ontario

B E T W E E N:

Nathan Schnerch

Applicant

-and-

Il Fornetto Restaurant and Jilani Belhiba

Respondents

INTERIM DECISION

Adjudicator: Brian Eyolfson Decision Date: September 10, 2013 Citation: 2013 HRTO 1515 Indexed as: Schnerch v. Il Fornetto Restaurant

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 February 6, 2013.

2On April 16, 2013, 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 May 21, 2013.

3The organizational respondent, Il Fornetto Restaurant, filed a Response with the Tribunal.

4As of the date of this Interim Decision the individual respondent, Jilani Belhiba, has not filed a Response, nor has the Tribunal’s correspondence to Mr. Belhiba been returned.

5An 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. Mr. Belhiba’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.

6The applicant has provided an address for the individual respondent, Mr. Belhiba. The Tribunal shall send a copy of this Interim Decision to Mr. Belhiba by regular mail and courier.

7If the individual respondent, Mr. Belhiba, wishes to participate in this proceeding, he shall file a Response with the Tribunal within 14 days of the date of this Interim Decision, together with an explanation of why a 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 individual respondent, Mr. Belhiba, and may take any or all of the steps set out in Rule 5.5.

8I am not seized of this matter.