Killby v. Kappeler Masonry Corporation, 2013 HRTO 374

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Kevin Killby

Applicant

-and-

Kappeler Masonry Corporation

Respondent

INTERIM DECISION

Adjudicator: David Muir

Decision Date: March 5, 2013

Citation: 2013 HRTO 374

Indexed as: Killby v. Kappeler Masonry Corporation

1This is an application filed under section 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”) on August 9, 2010.

2On January 24, 2011, the Tribunal deferred consideration of the Application pending completion of a grievance proceeding (2011 HRTO 164) and subsequently allowed its reactivation on the withdrawal of the underlying grievance (2012 HRTO 1979). In 2012 HRTO 1979, issued October 18, 2012, the Tribunal also ordered the respondent to file its Response to the Application, which it had not previously been required to file, within 35 days of that Interim Decision.

3As of the date of this Interim Decision the respondent has not filed a Response, nor has the Tribunal’s correspondence to it 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 respondent'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.

5The Tribunal shall send a copy of this Interim Decision to the respondent and the respondent’s representative by regular mail and fax.

6If the respondent wishes to participate in this proceeding, it 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 and the direction of the Tribunal in its Decision 2012 HRTO 1979. 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.

7I am not seized of this matter.