Pettit v. 2330653 Ontario Inc., 2017 HRTO 1407

Human Rights Tribunal of Ontario

B E T W E E N:

Sandi Pettit

Applicant

-and-

2330653 Ontario Inc. o/a Paws and Claws and Corey Samuel

Respondents

INTERIM DECISION

Adjudicator: Romona Gananathan

Date: October 24, 2017

Citation: 2017 HRTO 1407

Indexed as: Pettit v. 2330653 Ontario Inc.

Introduction

1This Application filed on August 2, 2017 alleges contravention of a settlement pursuant to section 45.9(3) of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the "Code"). The settlement was reached on or about April 5, 2017.

BACKGROUND

2On August 3, 2017, the Tribunal issued a Notice of Application ("the Notice") to the respondents in which it directed that a Response must be filed with the Tribunal no later than August 16, 2017. The Notice was sent by both regular mail and email care of counsel for both the corporate and individual respondent and was not returned to the Tribunal as being undeliverable. At no time did counsel communicate that he was no longer retained by the respondents.

3The respondents did not file a Response.

4On September 15, 2017 the Tribunal wrote again to the parties directing that the respondents file a full Response to a Contravention of Settlement (Form 19) by August 31, 2017. The letter was sent by regular mail and email to respondents' counsel. The letter once more warned the respondents about the consequences of not filing a Response and drew the respondents' attention to Rule 5.5 of the Tribunal's Rules of Procedure which provides:

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.

5To date, the respondents have not complied with these directions and have not filed a Response or otherwise communicated with the Tribunal.

DECISION

6In Kearns v. 1327827 Ontario, 2009 HRTO 457, at paras. 11 to 14, the Tribunal set out its approach in circumstances where a respondent fails to file a response after having been cautioned by the Tribunal about the consequences of not doing so. As the Tribunal noted, after having been provided clear notice of what is required, a respondent who refuses or chooses not to file a response should not be able to frustrate the objects of the Code, and the applicant's rights to assert a claim and seek a timely determination of that claim.

7Where no response is filed, the Tribunal will proceed to determine the application in the absence of the respondent. In all but the rarest of cases, the Tribunal will deem the respondent to have waived its right to participate in the proceeding and deem the respondent to have accepted all of the allegations set out in the Application.

8I am satisfied that the respondents have received the Notice of Application and the further direction requiring the filing of a Response. The respondents have refused or have chosen not to participate in these proceedings.

ORDER

9For the reasons set out above, I make the following order:

a. The respondents are deemed to have accepted all of the allegations set out in the Application;

b. The respondents are deemed to have waived all rights to notice or participation in these proceedings; and,

c. The respondents are not entitled to further notice with respect to the Application.

NEXT STEPS

10This Application will proceed to the next stage in the Tribunal process with a one hour hearing by telephone conference call.

11I am not seized of this matter.