Hemani Sharma v. Elvis Benoit, 2014 HRTO 1189

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Hemani Sharma

Applicant

-and-

Elvis Benoit

Respondent

INTERIM DECISION

Adjudicator: Jo-Anne Pickel

Decision: August 8, 2014

Citation: 2014 HRTO 1189

Indexed as: Sharma v. Benoit

1By Application filed on December 17, 2013, the applicant alleged that the respondent discriminated against the applicant because of race, colour, ancestry, place of origin and ethnic origin contrary to the Human Rights Code, R.S.O. 1990 c. H. 19, as amended (the “Code”).

2The Tribunal unsuccessfully attempted to deliver a Notice of Application to the respondent to three separate addresses provided by the applicant. Finally, the Tribunal successfully advised the respondent by e-mail on July 7, 2014 that it had issued a Notice of Application to him on May 1, 2014. In its letter of July 7, 2014, the Tribunal advised the respondent of the consequences of not filing a Response to the Application. The Tribunal advised the respondent that, if he wished to participate in this proceeding, he was required to file a Response no later than July 21, 2014.

3As of the date of this Interim Decision the respondent has not filed a Response, nor has the Tribunal’s e-mail correspondence to the respondent been returned. In fact, the respondent sent two e-mails to the Tribunal using very inappropriate language. These e-mails establish that the respondent has in fact received notice of this proceeding.

CONSEQUENCES OF NOT FILING A RESPONSE

4An 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.

5The Tribunal will send a copy of this Interim Decision to the respondent by e-mail.

6If the respondent wishes to participate in this proceeding, he must 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 by the deadline set out in the Tribunal’s July 7, 2014 letter. 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.

OBLIGATION OF COURTESY AND RESPECT

7Rule A 7.1 of the Tribunal’s Rules of Procedure requires persons participating in Tribunal proceedings to treat the Tribunal and other participants with courtesy and respect. Rule A 7.1 states as follows:

All persons participating in proceedings before or communicating with the tribunal must act in good faith and in a manner that is courteous and respectful of the tribunal and other participants in the proceeding

8The respondent is cautioned that he must avoid the use of the highly inappropriate language he used in his e-mails to the Tribunal on July 7, 2014.

Order

9If the respondent wishes to participate in this proceeding, he 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 by the deadline set out in the Tribunal’s July 7, 2014 letter. 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 of the Tribunal’s Rules of Procedure.

10I am not seized of this matter.