Sabrina Rollick v. 1526597 Ontario Inc. o/a Tim Hortons Store No. 2533, 2013 HRTO 605

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Sabrina Rollick

Applicant

-and-

1526597 Ontario Inc. o/a Tim Hortons Store No. 2533

Respondent

INTERIM DECISION

Adjudicator: Naomi Overend

Decision Date: April 12, 2013

Citation: 2013 HRTO 605

Indexed as: Rollick v. 1526597 Ontario Inc. o/a Tim Hortons Store No. 2533

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 30, 2012.

2On December 7, 2012, the Tribunal issued a Notice of Application to the respondent in which it directed that a Response to the Application must be filed with the Tribunal not later than January 11, 2013. The respondent did not file a Response by this date and on January 30, 2013, the Tribunal issued an Interim Decision requiring the respondent to file a Response as well as an explanation for why it had failed to do so earlier.

3There was a problem with the delivery of this Interim Decision, and it was returned by the courier with the notation that it had been unable to connect with the respondent at the address, although there was no indication that it was an incorrect address. The applicant was asked to ensure that she had provided the correct address, which she did.

4In addition to confirming the original address, through corporate searches, the applicant's representative also provided a personal address for the contact person for the respondent. The Tribunal wrote a letter to that address, enclosing the relevant documents, and requiring the respondent to file a Response by March 18, 2013. To date, the respondent has filed no Response and the time for so doing has now passed.

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.

6I am satisfied that the respondent has received notice of the Application and notice of the Tribunal's Order directing it to file a Response.

7It appears that the respondent refuses or has chosen not to participate in these proceedings, notwithstanding notice of the implications of Rule 5.5. In the circumstances, pursuant to Rules 5.5 (a), (b) and (c), the Tribunal orders that the respondent is deemed (1) to have accepted all the allegations in the Application; and (2) to have waived all rights with respect to further notice or participation in the proceeding.

ORder

8In sum, the Tribunal has made the following orders:

a. The respondent is deemed to have accepted all the allegations in the Application; and

b. The respondent is deemed to have waived all rights with respect to further notice or participation in the proceeding.

9I am not seized of this matter.