Dianne Lalonde v. Casino Rama and Ontario Lottery and Gaming Corporation, 2013 HRTO 1525

Human Rights Tribunal of Ontario

Between:

Dianne Lalonde Applicant

-and-

Casino Rama and Ontario Lottery and Gaming Corporation Respondents

Interim Decision

Adjudicator: Naomi Overend Date: September 11, 2013 Citation: 2013 HRTO 1525 Indexed as: Lalonde v. Casino Rama

1The applicant filed an Application under section 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), on May 3, 2013.

2On May 29, 2013 the Tribunal issued a Notice of Application to Casino Rama and “OLG/Rama Casino” (the Ontario Lottery and Gaming Corporation), the two named respondents. The respondents were advised that they must file a Response to the Application with the Tribunal by no later than July 3, 2013.

3A Response to the Application was filed on behalf of Casino Rama.

4As of the date of this Interim Decision the Ontario Lottery and Gaming Corporation has not filed a Response, nor has the Tribunal’s correspondence to it 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 respondents without their participation. The respondent Ontario Lottery and Gaming Corporation’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 a mailing address and fax number for the respondent Ontario Lottery and Gaming Corporation. The Tribunal shall send a copy of this Interim Decision to it at each of those addresses by regular mail and fax.

7If the respondent Ontario Lottery and Gaming Corporation wishes to participate in this proceeding, a Response must be filed with the Tribunal no later than 14 days from 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 Ontario Lottery and Gaming Corporation and may take any or all of the steps set out in Rule 5.5.

8The responding party has indicated its consent to engage in mediation and the Registrar will schedule a mediation in the normal course. In its Response the respondent Ontario Lottery and Gaming Corporation is asked to indicate whether it also wishes to participate in the mediation session.

9I am not seized of this matter.