Watson v. Winners Merchants International L.P., 2013 HRTO 214

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Jerome Watson

Applicant

-and-

Winners Merchants International L.P. and Intercon Security Services

Respondents

INTERIM DECISION

Adjudicator: David Muir

Date: February 5, 2013

Citation: 2013 HRTO 214

Indexed as: Watson v. Winners Merchants International L.P.

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 July 26, 2012.

2On August 28, 2012 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 October 2, 2012.

3The respondent Winners Merchants International L.P. filed a Response to the Application.

4No response was filed by the respondent Intercon Security Services. The Tribunal subsequently re-issued the Notice of Application to the respondent Intercon Security Services at a new address for service provided by the Applicant advising that a Response to the Application must be filed with the Tribunal no later than the revised deadline of January 7, 2013. As of the date of this Interim Decision Intercon Security Services 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. Intercon Security Services’ 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 an email address for Intercon Security Services. The Tribunal shall send a copy of this Interim Decision to Intercon Security Services at that address by regular mail, courier and email.

7If Intercon Security Services 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 Intercon Security Services and may take any or all of the steps set out in Rule 5.5.

8The respondent Winners Merchants International L.P. has indicated its consent to engage in mediation and the Registrar will schedule a mediation in the normal course. In the Response, Intercon Security Services is asked to indicate whether it also wishes to participate in the mediation session.

9I am not seized of this matter.