David Bailey v. Rock with Us Marble & Granite, 2013 HRTO 783

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

David Bailey

Applicant

-and-

Rock with Us Marble & Granite

Respondent

INTERIM decision

Adjudicator: Naomi Overend

Date: May 10, 2013

Citation: 2013 HRTO 783

Indexed as: Bailey v. Rock with Us Marble & Granite

1On February 19, 2013 the applicant filed an Application for Contravention of Settlement (Form 18) under section 45.9 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the "Code").

2On February 20, 2013 the Tribunal sent a letter to the respondent confirming the receipt of the applicant's Form 18 and advising that they must file a Response to the Application (Form 19) by March 5, 2013.

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

4An application to the Tribunal starts a legal proceeding. A finding that a party has contravened a settlement within the meaning of s.45.9 of the Code may lead to any order that the Tribunal finds is appropriate to remedy the contravention.

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

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 previous Tribunal letter dated February 20, 2013. 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.