Human Rights Tribunal of Ontario

B E T W E E N:

Stephen Young-Chin

Applicant

-and-

P.J. O’Brien Irish Pub & Restaurant

Respondent

INTERIM DECISION

Adjudicator: David Muir

Date: May 24, 2013

Citation: 2013 HRTO 888

Indexed as: Young-Chin v. P.J. O’Brien Irish Pub & Restaurant

[1] On February 7, 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”).

[2] On February 13, 2013, the Tribunal sent a letter to the respondent confirming the receipt of the applicant’s Form 18 and advising that it must file a Response to the Application (Form 19) by February 25, 2013.

[3] On March 20, 2013, the Tribunal sent a letter to the parties acknowledging that due to an administrative error, the February 13, 2013 letter was not sent to the correct address for the respondent. This letter advised the respondent that it must file a Response to the Application (Form 19) by April 3, 2013.

[4] On April 3, 2013 a representative for the respondent wrote to the Tribunal requesting a one month extension of time to file a Response.

[5] On April 4, 2013, the Tribunal granted the request for an extension and directed that a Response to the Application be filed with the Tribunal by May 3, 2013.

[6] As of the date of this Interim Decision the respondent has not filed a Response, nor has the Tribunal’s correspondence been returned.

[7] An 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.

[8] 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.

[9] The applicant has provided an address for the respondent. The Tribunal shall send a copy of this Interim Decision to the respondent by regular mail, courier and fax, and to the e-mail used by the respondent in its correspondence with the Tribunal.

[10] If 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 correspondence dated April 4, 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.

[11] I am not seized of this matter.

Dated at Toronto, this 24^th^ day of May, 2013.

“Signed by”

David Muir

Vice-chair