Birchall v. Andres, 2013 HRTO 527

Human Rights Tribunal of Ontario

B E T W E E N:

Amanda Birchall

Applicant

-and-

Juan Andres

Respondent

INTERIM DECISION

Adjudicator: Naomi Overend Decision Date: March 27, 2013 Citation: 2013 HRTO 527 Indexed as: Birchall v. Andres

1This is an application filed under section 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the "Code").

2The Tribunal deferred consideration of the Application pending completion of a criminal proceeding (2012 HRTO 48) and subsequently allowed its reactivation on the conclusion of the proceeding (2012 HRTO 884). In 2012 HRTO 884, issued May 4, 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.

3The respondent failed to file a Response as directed by the Interim Decision. Instead on October 24, 2012 counsel for the respondent wrote to the Tribunal and advised that the parties had been actively negotiating a settlement. On December 17, 2012 the Tribunal wrote the parties and directed that the parties provide an update as to the status of settlement discussions by January 2, 2013. Both parties advised the Tribunal by emails dated January 22, 2013 that no settlement had been reached.

4On February 7, 2013 the Tribunal sent a letter to the parties directing that pursuant to the Interim Decision dated May 4, 2012 the respondent must file a Response by February 28, 2013. As of the date of this Interim Decision the respondent has not filed a Response, nor has the Tribunal's February 7, 2013 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 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.

6The Tribunal shall send a copy of this Interim Decision to the respondent's counsel by regular mail and email.

7If 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 February 7, 2013 letter. 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.

8I am not seized of this matter.