Watts v. CS Wind Canada Inc., 2015 HRTO 1364

Human Rights Tribunal of Ontario

B E T W E E N:

Greg Watts

Applicant

-and-

CS Wind Canada Inc.

Respondent

INTERIM DECISION

Adjudicator: Laurie Letheren

Date: October 13, 2015

Citation: 2015 HRTO 1364

Indexed as: Watts v. CS Wind Canada Inc.

1This Application alleges discrimination with respect to employment because of disability contrary to the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”).

2The Application was served on the respondent on July 8, 2015. The cover letter sent with the Application advised the respondent that it must serve and file a Response by August 12, 2015. The respondent did not do so.

3On August 19, 2015, the Tribunal issued a Notice of No Response to the respondent advising that, if it wished to participate in this proceeding, it must file a Response by September 3, 2015.

4On September 17, 2015 the respondent requested an extension of time to file a Response. The Tribunal granted the extension of time to file the Response to September 23, 2015. To date, the Tribunal has not received a Response.

5Rule 8 of the Tribunal’s Rules of Procedure which provides, in part, as follows:

8.1 To respond to an Application under sections 34(1) or 34(5) of the Code, a Respondent must file a complete Response in Form 2 not later than (thirty-five) 35 days after a copy of the Application was sent to the Respondent by the Tribunal.

a) A complete Response must provide the information requested in each section of the Form 2, respond to each allegation set out in the Application and must also include any additional facts and allegations on which the Respondent relies.

6An 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 may lead to orders against respondents without their participation. The respondent’s attention is drawn to Rule 5.5 of the Rules 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; and

d) decide the matter based only on the material before the Tribunal.

7If the respondent wishes to participate in this proceeding, it shall file a complete Response (Form 2) by October 19, 2015. If a Response is not received by that date, the Tribunal may take any or all of the steps set out in Rule 5.5.

8The HRTO’s Rules of Procedure are available at www.hrto.ca under “Law, Rules and Decisions”.

9I am not seized.