Solomon Kebede v. Aboutown Transportation Limited, 2013 HRTO 930

Human Rights Tribunal of Ontario

B E T W E E N:

Solomon Kebede

Applicant

-and-

Aboutown Transportation Limited

Respondent

INTERIM decision

Adjudicator: Ena Chadha

Date: May 28, 2013

Citation: 2013 HRTO 930

Indexed as: Kebede v. Aboutown Transportation Limited

1On April 29, 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"). A Statement of Delivery (Form 23) was also filed indicating that the Application for Contravention of Settlement was delivered to the respondent by facsimile.

2On April 30, 2013, the Tribunal sent a letter to the respondent confirming the receipt of the applicant's Form 18 and advising that the respondent must file a Response to the Application (Form 19) by May 13, 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 an individual and/or a corporate respondent 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 by courier delivery.

7If the respondent wishes to participate in this proceeding, the respondent shall file a Response with the Tribunal within 14 days of the date of this Interim Decision. 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.