Elaine Allport v. Display Potentials Inc., 2013 HRTO 168

Human Rights Tribunal of Ontario

B E T W E E N:

Elaine Allport

Applicant

-and-

Display Potentials Inc., In Store Focus Inc., Metro Ontario Inc.

Respondents

INTERIM DECISION

Adjudicator: Brian Eyolfson

Date: January 30, 2013

Citation: 2013 HRTO 168

Indexed as: Allport v. Display Potentials Inc.

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 November 26, 2012.

2On December 17, 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 January 21, 2013.

3As of the date of this Interim Decision the respondent Metro Ontario Inc. has filed a Response; however, the other two respondents, Display Potentials Inc. and In Store Focus Inc., have not filed Responses, nor has the Tribunal’s correspondence to them been returned.

4An 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’ (Display Potentials Inc. and In Store Focus Inc.) 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.

5The applicant has provided an address for both of these respondents. The Tribunal shall send a copy of this Interim Decision to the respondents by regular mail and courier.

6If the respondents Display Potentials Inc. and In Store Focus Inc. wish to participate in this proceeding, they 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 respondents and may take any or all of the steps set out in Rule 5.5.

7I am not seized of this matter.