Cru Sears v. CAA North & East Ontario and CRR Cornwall Roadside Recovery Inc. o/a Glen’s Towing, 2013 HRTO 1666

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Cru Sears

Applicant

-and-

CAA North & East Ontario and CRR Cornwall Roadside Recovery Inc. o/a Glen’s Towing

Respondents

INTERIM DECISION

Adjudicator: Brian Eyolfson

Date: October 3, 2013

Citation: 2013 HRTO 1666

Indexed as: Cru v. CAA North & East Ontario

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 27, 2013.

2On June 17, 2013 the Tribunal issued a Notice of Application to the respondents. The respondents were advised that they must file a Response to the Application with the Tribunal by no later than July 22, 2013; however, no Responses were received by that date. The applicant subsequently provided an alternate address for the respondent, CAA North & East Ontario (“CAANEO”), and a corrected address for the respondent, CRR Cornwall Roadside Recovery Inc. o/a Glen’s Towing (“CRR”).

3On July 30, 2013 the Tribunal re-issued a Notice of Application to the respondents, CAANEO and CRR, at the alternate and corrected addresses provided by the applicant. The respondents were advised that they must file a Response to the Application with the Tribunal by no later than September 3, 2013.

4On August 28, 2013 the respondent, CAANEO, filed a Response to the Application.

5As of the date of this Interim Decision the respondent, CRR, has not filed a Response to the Application, nor has the Tribunal’s correspondence to it been returned.

6An 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 attention of the respondent, CRR, 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.

7The applicant has provided a mailing address for the respondent, CRR. The Tribunal shall send a copy of this Interim Decision to the respondent, CRR, by regular mail and courier.

8If the respondent, CRR, 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, and may take any or all of the steps set out in Rule 5.5.

9I am not seized of this matter.