Weekes v. Joe Boudreau, 2016 HRTO 1250

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Sharon Weekes

Applicant

-and-

Joe Boudreau, Ula Boudreau, Ricki Boudreau and Janet Conikie

Respondents

INTERIM DECISION

Adjudicator: Keith Brennenstuhl

Date: September 23, 2016

Citation: 2016 HRTO 1250

Indexed as: Weekes v. Joe Boudreau

1The applicant filed an Application under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”) on July 30, 2015. On October 28, 2015 the Tribunal issued a Notice of Application (the “Notice”) and delivered the Application to the respondents by regular mail at the address provided by the applicant. The Notice directed the respondents to file their Responses with the Tribunal no later than December 3, 2015.

2It is now long past the date for filing Responses. However, on March 14, 2016 the respondents wrote to the Tribunal with a copy to the applicant indicating among other things that: “We will not be filing a Form 2 [response] or other documents pertaining to these applications”.

3A Tribunal application is a legal proceeding. If a violation of the Code is found the Tribunal may order a respondent to make monetary compensation or other forms of restitution to the applicant and to take steps to promote future compliance with the Code. Failure to file a Response may lead to orders against a respondent without their participation. The respondents’ attention is drawn to Rule 5.5 of the Tribunal’s Rules which reads as follows:

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.

4If the respondents wish to participate in this proceeding, their Responses must be filed by October 11, 2016 together with an explanation why they were not filed in accordance with the deadline contained in the Notice of Application. If the Responses are not received by this date, the Tribunal may proceed without further notice to the respondents and may take any or all of the other steps set out in Rule 5.5.

5A copy of this Interim Decision will be sent to the respondents by regular mail and courier at the address provided in the Application.

6I am not seized of this matter.