2010.08.19 HRTO LT All Parties Serving Application

8/8/2019 2010.08.19 HRTO LT All Parties Serving Application

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Human Rights Tribunalof Ontario

655 Bay Street, 14th FloorToronto ON M7A 2A3Tel: (416) 326-1312Toll-free: 1-866-598-0322TTY: 416-326-2027TTY Toll-Free: 1-866-607-1240

Fax: 416-326-2199Fax Toll-Free: 1-866-355-6099E-mail: [email protected]: WW\v.hrto.ca

Tribunal des droits de la personnede l'Ontario

655, rue Bay, 14e etageToronto ON M7A 2A3Te l 416-326-1312Sans frais: 1-866-598-0322Telescripteur: 416-326-2027Telescripteur sansfrais: 1-866-607-1240

Telec.: 416-326-2199Telec sans frais: 1-866-355-6099Courriel: [email protected] Web: www.hrto.ca

August 19, 2010

Tribunal File No.: 2010-06245-1

Mary EbertsLaw Office of Mary EbertsP.O. Box 19047 Station WalmerToronto, Ontario M5S lXO

University of Windsorc/o Dr. Leo Groarke, Provost and VicePresident401 Sunset Avenue, Room 511,Chyrsler Hall Tower

Windsor, Ontar io N9B 3P4

University of Windsor Faculty of Law401 Sunset Avenue, Room 511,Chyrsler Hall TowerWindosor j Ontario N9B 3P4

Richard Moon90 Main Street EastKingsville" Ontario "l9Y lA 4

Faculty Association (WUFA)c/ o Bryan Brown36 6 Sunset AvenueWindsor, Ontario N9B 3P4

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RE: Emily Carascov.

University o f Windsor, Universi ty of Windsor Faculty of Law andRichard Moon

Subjec t: Noti ce of Application

A legal proceeding ,has been commenced at the Human Rights Tribunal ofOntario (HRTO). The Application, filed by Emily Carasco on July 14, 2010,has been assigned HRTO File number 2010-06245-1. The HRTO file numbermust be included on all your correspondence and any documents filed withthe HRTO,

The applicant names University of Windsor, University of Windsor Faculty ofLaw and Richard Moon as the respondents to the Application.

The applicant also identifies Faculty Association (WUFA) as a person ororganization which may be affected by the Application.

By September 23, 2010 the respondent(s) must file a Response(Form 2).

By September 23, 2 0 1 0 the affected party or p ar ti es m a y file aRequest to Intervene (F orm 5 ).

You, your representative and your witnesses are entitled to accommodation

of anyHuman

.Rights Code-related needs. The HRTO's Policy onAccommodation and Accessibility is availa'ble ath t t p : / / j ~ ~ w . w ~ h [ t o . c q f l } r r Q L } _ Q : : " e n L n o Q S ' 1 ~ 4 ,Notify the Registrar as soon aspossible if accommodation is required.

The HRTO's Rules of Procedure, Guide.s, Practice Directions and Policies areavailable on our website, www.hcro.ca. You may also contact the HRTO byemail [email protected]. by phone (416-326-1312 or toll free 1866-598-0322, TTY 416-326-2027 or TTY toll free 1-866-607-1240) or inperson at 655 Bay Street, 14 th floor, Toronto, Ontario, M7A 2A3. Thesedocuments are avai!abie in a variety of accessible formats.

All written communications must be addressed to the Registrar. With theexception of the Response (Form 2) , any document, including emails, mustbe copied to the other parties before being filed with the HRTO. The HRTOcannot accept any materials unless you confirm that they have been copiedto the other parties.

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The HRTO will send information to the address you have provided to us. I fyour contact information changes, you must advise the HRTO immediately.

Yours truly,

Richard HennessyRegistrar

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IMPORTANT INFORMATION FOR THE APPLICANT

The HRTO has delivered your Application to the respondent(s) named in theApplication and. to any organization or person named as an affected person inthe Application.

The respondent(s} will have thirty-five days to file a Response to theApplication. After reviewing the Response fo r completeness the HRTO willdel iver a copy of the Response to you.

Rule 9.1 of the HRTO's Rules of.Practice requires an applicant who intends toprove a version of the facts different from those set out in a Response todel iver and file a Reply (Form 3) setting ou t the different version, unless thatversion of facts is already set ou t in the Application. An applicant may alsofile a Reply to respond to new matters raised in the Response.

I f you named a person or organization as an affected party in yourApplication, they will have thirty-five days to del iver a Request to Intervene.I f they do so, you will have an opportunity to respond to that Request.

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IMPORTANT INFORMATION FOR THE RESPONDENT(S)

The HRTO has received an Application that names you as a respondent. Acopy of the Application is attached.

To respond to the Application, you must file a completed Response (Form 2)with the HRTO by no later than September 23, 2010. You must include theHRTO File number 2010-06245-1 on your Response and on all documentsand materials filed with the HRTO. You may wish to review the HRTO's Rulesof Procedure, Guides and Practice Directions, all available on the HRTO'swebsite at www.hrto.ca. before completing your Response.

Your Response will be reviewed fo r completeness before being delivered tothe applicant. A complete Response must provide the information requestedin each section of the Form 2, respond to each allegation set out in the

Application, andmust

also include any additional facts and allegations onwhich you rely. The HRTO may not permi t you to present evidence or makesubmissions with respect to a fact or issue that was no t raised in your theResponse.

I f you fail to respond to the Application, the HRTO may deem you to haveaccepted all of the allegations in the Application, deem you to have waived allrights with respect to further notice or participation in the proceeding,proceed to deal with the Application without further notice to you and decidethe matter based only on the material before the HRTO.

Once your Response is accepted by the HRTO fo r processing, the HRTO willdeliver it to the applicant, to any other respondent(s) and to any organizationor person identified asan affected party.

HRTO forms are avai!able on the HRTO's website or you may request a formby e m a i l . n r t o . r " e . Q j s t r g [ ~ Q o t a d o . c a .phone (416-326-1312, toll-free 1-866598-0322, TTY 416-326-2027 or TTY toll-free 1-866-607-1240) or in personfrom our office at 655 Bay St.! 14 th Floor, Toronto, ON, M7A 2A3. Theseforms are available in a variety of accessible formats.

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IMPORTANT INFORMATION FOR TRADE UNIONS/ OCCUPATIONAL OR

PROFESSIONAL ORGANIZATIONS/ AFFECTED PERSONS

The HRTO is in receipt of an Application that identifies you as a person ororganization that may be affected by the Application. A copy of the

Application 2 0 1 0 - 0 6 2 4 5 - 1 is attached. The HRTO File Number must beincluded on all correspondence and any documents filed with the HRTO.

The HRTO's Rules of Procedure define affected person as "a person,organization, trade union or other occupational or professional associationidentified in an Application or Response as being affected by a proceedingand entitled to notice of the proceeding".

As a named affected person you may make a Request to Intervene (Form 5)in the proceeding. You may wish to review the HRTO's Rules of Procedure,

Guides and Practice Directions! all available on the HRTO's website atwww.hrto.ca. before completing your Request to Intervene.

Your Request to Intervene must be filed with the HRTO by no later thanSeptember 23" 2010, I f you do not make a Request to Intervene by thistime the HRTO may proceed without further notice to you.

Follow these steps to make a request to intervene:

1. Fill out Form 5.

2. Deliver a copy of Form 5 to all parties (applicant and respondent(s)) andany other affected persons or organizations identified in the Application orthe Response.

3. Complete a Statement of Delivery (Form 23).

4. File Form 5 and Form 23 with the HRTO.

HRTO Forms are available on the HRTO website or request a Form by email,hrto.registrar@ontario,ca, phone (416-326-1312, toll-free 1-866-598-0322,

. TIY 416-326-2027 or TTY toll-free 1-866-6071240) or in person from our

office at 655 Bay St., 14th

Floor! Toronto, ON, M7A 2A3. These forms areavailable in a variety of accessible formats.

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Documents

2010.08.19 HRTO LT All Parties Serving Application