Donald Cameron v. Immigrant Women Services Ottawa, 2009 HRTO 161

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Donald Cameron

Applicant

-and-

Immigrant Women Services Ottawa

Respondent

INTERIM DECISION

Adjudicator: Judith Keene

Date: February 13, 2009

Citation: 2009 HRTO 161

Indexed as: Cameron v. Immigrant Women Services Ottawa

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 10, 2008. On December 16, 2008, the Tribunal issued a Confirmation of Hearing. On January 29, 2009 the Tribunal issued a Case Assessment Directive directing the applicant to file and serve a written response to two preliminary questions relevant to his Application. The applicant was directed to respond by February 4, 2009.

2Rule 1.22 of the Tribunal’s Rules of Procedure confirms that a document delivered by courier is deemed delivered on the second day after it was given to the courier. No response had been received by 11 February. The Registrar’s staff contacted Purolator and was informed that the applicant was no longer living at the address he had given the Tribunal.

3The Registrar’s staff sent an e-mail message to the e-mail address given by the applicant, but received a message indicating that the message was undeliverable.

4The Registrar’s office called the cell-phone number given by the applicant, and was informed that the number was not the applicant’s. A phone call by the Registrar’s office to another contact number provided in the Application ultimately did lead to contact with the applicant at which time the Registrar’s staff confirmed his current mailing address as well as his e-mail address.

5A Tribunal application is a legal proceeding. The Tribunal’s Rules of Procedure (Rule 1.13) note that parties are required to notify the Tribunal and all other parties, in writing, of any change in their contact information as soon as possible. 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 according to the contact information provided to the Tribunal by that person.

Order

6The applicant is directed to deliver to the Tribunal and the respondents a written response as directed in the Case Assessment Directive of January 29, 2009, which is appended to this Interim Decision. In the circumstances, the applicant’s response must be received by the Tribunal no later than February 18, 2009.

7As noted in the Case Assessment Directive of January 29, 2009, the respondents need not provide a response to the applicant unless the Tribunal directs. After reviewing the applicant’s submissions the Tribunal may make further case management directions.