HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Heather Graansma
Applicant
-and-
Klein Horsman Carpet One and Albert Klein Horsman and Russ Gale
Respondents
INTERIM DECISION
Adjudicator: David Muir
Decision Date: May 29, 2013
Indexed as: Graansma v. Klein Horsman Carpet One
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 October 22, 2012.
2On January 9, 2013 the Tribunal issued a Notice of Application to the respondents in which it directed that a Response to the Application must be filed with the Tribunal not later than February 13, 2013.
3On February 11, 2013, the personal respondent Russ Gale filed a Response that was delivered to the applicant.
4When the timeline for filing a Response had elapsed, and the Tribunal did not receive a Response from the respondents Klein Horsman Carpet One and Albert Klein Horsman, the Tribunal contacted the applicant by telephone to inquire about the possibility of an alternative address for these respondents. The applicant responded by way of email dated March 10, 2013 providing an alternate address where the Application could be served on the respondents Klein Horsman Carpet One and Albert Klein Horsman.
5On March 27, 2013, the Tribunal re-served the Notice of Application on the respondents Klein Horsman Carpet One and Albert Klein Horsman at the alternative address provided by the applicant.
6As of the date of this Interim Decision the respondents Klein Horsman Carpet One and Albert Klein Horsman have not filed a Response, nor has the Tribunal’s correspondence to it been returned.
7An 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 respondents' 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.
8The applicant has provided an alternative address for the respondents Klein Horsman Carpet One and Albert Klein Horsman. The Tribunal shall send a copy of this Interim Decision to these respondents by regular mail and courier, using the alternative address.
9If the respondents Klein Horsman Carpet One and Albert Klein Horsman wish to participate in this proceeding, they 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 Notice of Application. If a Response is not received, the Tribunal may proceed without further notice to the respondents and may take any or all of the steps set out in Rule 5.5.
10I am not seized of this matter.
Dated at Toronto, this 29th day of May, 2013.
“Signed By”
David Muir
Vice-chair