The Human Rights Tribunal of Ontario (HRTO) will move ahead with a sexual harassment and discrimination case after the respondent failed to respond or take part in the proceedings.
Adjudicator Cyndee Todgham Cherniak ruled that the case, brought by applicant A.B., will proceed without the participation of the respondent employer, Z.O.
allegations involve multiple grounds under the code
The application alleges sexual harassment, sexual solicitation or advances, and discrimination in employment on multiple grounds protected under Ontario’s Human Rights Code, including race, place of origin, ethnic origin, disability, sex and pregnancy. The applicant told the tribunal some of the incidents were also the subject of criminal proceedings.
The HRTO attempted several times to contact the respondent by email and mail. Emails were returned as undeliverable, but mail was not returned. In September 2023, the tribunal sent a letter warning that failure to respond could result in the case proceeding without further notice. The respondent did not reply or file the required Form 2 Response.
The applicant confirmed the contact information was correct, based on a business card, licence plate searches and court documents. The adjudicator found the respondent received the application and the warning letter but chose not to participate.
Default ruling under tribunal rules
Under Rule 5.5 of the HRTO’s Rules of Procedure, when a respondent does not respond, the tribunal may deem them to have accepted all allegations, proceed without further notice, and decide the matter based only on the applicant’s evidence. However, the applicant must still prove the case on a balance of probabilities at a hearing.
Cherniak noted the tribunal’s case law emphasizes that respondents who ignore the process should not frustrate an applicant’s right to a timely decision.
Applicant’s identity anonymized
Given the sensitive nature of the allegations, which include sexual assault, the tribunal anonymized the applicant’s identity under Rule 3.11 and its Practice Direction on Anonymization. A.B. will be used in all proceedings.
The case will now move to a one-day merits hearing by videoconference on a date to be set. The tribunal will issue a notice of hearing and provide further directions to the applicant.
For more information, see A.B. v. Otag, 2025 HRTO 1944 (CanLII).
