Orr v. Hotz, 2008 HRTO 278

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Robert Steell Orr Applicant

-and-

Kenneth Joel Hotz Respondent

DECISION

Adjudicator: Michael Gottheil

Date: November 18, 2008

Citation: 2008 HRTO 278

Indexed as: Orr v. Hotz

Human Rights Tribunal of Ontario 655 Bay Street, 14^th Floor Toronto ON M7A 2C7 Phone (416) 326-1312 / 1-866-598-0322 Fax (416) 326-2199 / 1-866-355-6099 TTY (416) 314-2379 / 1-800-424-1168 E-mail hrto.registrar@ontario.ca Website www.hrto.ca

1The applicant filed an Application under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), on July 29, 2008, alleging discrimination in goods and services on the basis of creed. Specifically, the applicant alleges that the respondent paid for and caused a plane to fly over Toronto carrying a banner with words the applicant alleges infringed his right to be free from discrimination on the grounds of his creed.

2On August 1, 2008 the Tribunal sent a Notice of Incomplete Application to the applicant as he had not submitted the appropriate supplementary form as required by the Rules. The Notice provided that the applicant had until August 21, 2008 to provide the completed supplementary form. The applicant did not respond to the Tribunal’s Notice of Incomplete Application.

3Notwithstanding the applicant’s failure to respond, on September 9, 2008 the Tribunal served the Application on the respondent at the address provided in the Application.

4On October 31, 2008 the Tribunal received correspondence from Anastasia Bardouk, Human Resources Coordinator at CTVglobemedia Inc. indicating that the Application was delivered to the offices of CTVglobemedia Inc., but the named respondent was not an employee of that organization.

5On November 4, 2008 the Tribunal again wrote to the applicant, indicating that it had still not received a response to the Notice of Incomplete Application and further indicating that it required a correct mailing address for the named respondent. The Tribunal advised that a response was required no later than November 10, 2008. The applicant has failed to contact the Tribunal.

6Rule 6.6(b) provides that the Tribunal will not deal with an Application in respect of a respondent who cannot be contacted at the contact information provided by the applicant. In addition, Rule 5.3 provides that the Tribunal may not deal with an Application that is not filed in compliance with the Tribunal’s Rules. Finally, Rule 5.4 provides that the Tribunal may finally determine an Application without further notice to any person who cannot be contacted by the Tribunal at the contact information provided by that person.

7In the present circumstances it appears that the contact information provided by the applicant for the respondent is not correct. In addition, notwithstanding several attempts by the Tribunal to contact the applicant, the applicant has failed to respond.

8As a result, this application will not be processed by the Tribunal and will be returned to the applicant. The Tribunal file shall be closed.