The Human Rights Tribunal of Ontario has ruled that the Ivy Social Club and an individual respondent are “deemed to have accepted all of the allegations set out” in an application by a former worker who alleged discrimination.
The ruling came after Ivy Social Club, a night club in Vaughan, Ont., and the respondent, EG, repeatedly failed to respond to tribunal communications and participate in the legal process.
The case, initiated on April 29, 2019, by IK, centers on allegations of sex discrimination, including sexual harassment and pregnancy-related discrimination, sexual solicitation or advances, and reprisal in employment, all of which are violations under the Ontario Human Rights Code.
Despite multiple opportunities to engage in mediation and respond to the Tribunal’s communications, The Ivy Social Club and EG’s lack of participation led the Tribunal to invoke its rules of procedure.
Specifically, the respondents did not respond to a crucial mediation offer letter and failed to attend a Case Management Conference scheduled for Nov. 23, 2023. This non-attendance prompted the Tribunal to provide one final opportunity for response in December 2023, which was also ignored by the respondents.
As a result of this inaction, the Tribunal, upholding its commitment to procedural fairness and the enforcement of the Code, has ruled that The Ivy Social Club and EG have effectively accepted all allegations by default.
This decision also entails a waiver of their rights to notice or participation in these proceedings, including the upcoming hearing to assess the merits of the application set for a date after June 1, 2024.
For more information, see Kochkina v. The Ivy Social Club Inc., 2024 HRTO 233 (CanLII).
