HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Midori Huguenin
Applicant
-and-
The Cedar Grill II Inc.
Respondent
DECISION
Adjudicator: Jennifer Scott
Indexed as: Huguenin v. The Cedar Grill II Inc.
APPEARANCES
Midori Huguenin, Applicant Self-represented
The Cedar Grill II Inc., Respondent Self-represented
Introduction
1The applicant alleges that the respondent breached a settlement in contravention of section 45.9 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the "Code").
2The respondent did not file a Response to the Contravention of Settlement Application (the "Application"). The Tribunal issued a Case Assessment Direction on July 7, 2014 setting up a teleconference call to deal with this Application.
3The teleconference took place on October 15, 2014. The applicant and the owner of the respondent, Armen Gulesserian, attended on the call.
Facts
4Under the settlement agreement dated January 3, 2014, the respondent agreed to do the following:
a. Provide the applicant with a letter of apology within 30 days of the date of the agreement;
b. Provide the applicant with the name and current mailing address for Mr. Gulesserian's spouse;
c. Conduct human rights training for Mr. Gulesserian within three months of the date of the agreement, and inform the applicant within ten business days of the completion of the training.
5The applicant filed this Application on June 3, 2014.
6During the teleconference, the applicant stated she received the letter of apology and confirmation of training from the respondent after this Application was filed. Mr. Gulesserian advised that he sent this information by regular mail at the end of January, beginning of February, and sent it again by courier at the end of May, beginning of June. Mr. Gulesseria provided the name and current mailing address for his spouse during the teleconference. He stated he had not included this with the other information because the applicant already knew his spouse's name.
analysis
7Section 45.9(8) of the Code sets out the Tribunal's power to remedy contraventions of settlements. It states that the Tribunal may make "any order that it considers appropriate to remedy the contravention." As noted in Matos v. Transplay, 2010 HRTO 2527 at para. 17, "the power to remedy a contravention of settlement is tied to the harm caused as a result of the contravention."
8There is no information before me to support the respondent's assertion that it complied with the terms of settlement within the timelines set out in the settlement agreement. The parties agree, however, that the applicant received the letter of apology and confirmation of training after this Application was filed. Mr. Gulesserian provided the contact information for his spouse during the teleconference.
9I find that the respondent breached the settlement agreement entered into by the parties by failing to provide the letter of apology and proof of training within the time periods required under the settlement agreement. There was no time period for the provision of the contact information for Mr. Gulesserian's spouse.
10During the teleconference, the applicant and the respondent both stated they wanted the settlement concluded. When the applicant was provided with the contact information for Mr. Gulesserian's spouse, she stated that was all that she wanted. The applicant was asked whether she was seeking anything further from the respondent. She replied that she did not want anything else from the respondent.
11As the respondent has now met the terms of the settlement agreement, the agreement has been concluded. In light of the fact that the applicant has not requested any further remedy from the respondent and given her express statement that the contact information for Mr. Gulesserian's spouse was all that she is requesting, there will be no further remedy ordered.
ORDER
12While I have found the respondent breached the settlement agreement, those contraventions have now been recitified. In light of the applicant's submissions, it appears that no further remedial order is necessary with respect to those contraventions.
Dated at Toronto, this 27th day of October, 2014.
"signed by"
Jennifer Scott
Vice-chair```