Roth v. Cassin, 2016 HRTO 1278

Human Rights Tribunal of Ontario

B E T W E E N:

Sherry Roth Applicant

-and-

Eddy Cassin Respondent

DECISION

Adjudicator: Douglas Sanderson Date: September 29, 2016 Citation: 2016 HRTO 1278 Indexed as: Roth v. Cassin

WRITTEN SUBMISSIONS

Sherry Roth, Applicant

Dana MacDonald, Representative

1The applicant filed an Application for Contravention of Settlement (Form 18) (“the Application”) on July 18, 2016, pursuant to section 45.9(3) of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), alleging a breach of settlement. In the Application, the applicant alleged that the respondent had not complied with minutes of settlement dated June 12, 2016, regarding Tribunal Application 2015-21029-I (“the minutes”), which required the respondent to pay her $5,500.00 in general damages (the “settlement funds”) within 30 days of the date the minutes were executed.

2The respondent did not file a Response to the Application, despite being warned of the consequences of not responding. As a result the Tribunal held as follows in a previous Interim Decision in this matter, 2016 HRTO 1202:

a. The respondent is deemed to have accepted all of the allegations set out in the Application; and

b. The respondent is deemed to have waived all rights to notice or participation in these proceedings.

c. The respondent is not entitled to further notice with respect to the Application.

3In the same Interim Decision, the Tribunal directed the applicant to clarify the following:

a. Whether the respondent paid her any of the amount he agreed to pay her under the settlement.

b. What remedy she is seeking for the breach of settlement.

c. Whether she wishes to make oral submissions in support of her breach of settlement Application or whether she waives her right to make oral submissions and instead relies solely upon her written submissions.

4The applicant responded to the Tribunal’s direction in a letter dated September 19, 2016. The applicant submitted that the respondent had corresponded with the applicant’s representative seeking extension to the deadline for payment. The applicant initially agreed to an extension, but now submits that the respondent is stalling and making excuses to avoid payment. The applicant confirmed that she has not received any money from the respondent. The applicant requested an order from the Tribunal finding a breach of settlement, an order to pay the settlement funds, as well as pre-judgement and post-judgement interest.

Analysis and Decision

5In the circumstance, I find that the applicant has waived her right to make oral submissions in support of the Application. In light of the respondent’s deemed acceptance of all of the allegations in the Application and the applicant’s submissions, I find that the respondent did not pay the settlement funds required in the minutes. In my view, the applicant is entitled to the remedy she requested.

Order

6The Tribunal orders as follows:

1. The respondent shall immediately pay the settlement funds pursuant to the minutes;

2. The respondent shall pay pre-judgment interest on this amount from July 12, 2016 to the date of this Decision, in accordance with section 128 of the Courts of Justice Act, R.S.O. 1990, c. C.43.; and,

3. The respondent shall pay post-judgment interest in accordance with section 129 the Courts of Justice Act, R.S.O. 1990, c. C.43 from the date of this decision.