Human Rights Tribunal of Ontario
B E T W E E N:
Robert Guild
Applicant
-and-
Linda Kyle-Jansen
Respondent
INTERIM DECISION
Adjudicator: Michael Gottheil Date: February 18, 2009 Citation: 2009 HRTO 171 Indexed as: Guild v. Kyle-Jansen
Interim Decision
1On December 9, 2008 the Tribunal issued an Interim Decision in this matter directing the applicant to provide further information with respect to contact information for the respondent: see 2008 HRTO 347. As noted in that Interim Decision, the Tribunal had served the initial Application on the respondent at the address provided by the applicant and the Application was not returned as undeliverable. However an October 23, 2008 Interim Decision of the Tribunal, 2008 HRTO 184, sent to the respondent was returned. Likewise, the December 9, 2008 Interim Decision does not appear to have been successfully delivered to the respondent.
2The applicant has suggested in an email to the Registrar that the address provided for the respondent is her correct address, but the applicant has not provided the information set out in the Tribunal’s December 9, 2008 Interim Decision, nor has he provided it in the form of a signed Declaration. That decision also referred the applicant to sources of legal assistance, including the Human Rights Legal Support Centre, which provides legal assistance free of charge to applicants.
3The applicant further advised in the email to the Registrar that he is aware that counsel for his former employer is in receipt of the Application. This may be so, but the former employer has not been made a respondent to this Application and the Tribunal has not been advised that counsel is representing the respondent in these proceedings. If counsel for the former employer has contacted or communicated with the applicant in relation to this human rights Application, the correspondence received from counsel or what was said may be relevant. For example, it may suggest that the respondent has indeed received notice of the Application through a counsel who is purporting to act or represent the respondent’s interests. Alternatively, it might form the basis for the Tribunal making an order directing the former employer to provide the current or last know address for the respondent.
4However, in the absence of the applicant taking the steps outlined in the Tribunal’s December 9, 2008 Interim Decision, the Tribunal cannot proceed further with this Application.
5The applicant shall have 21 days from the date of this Interim Decision to provide the information set out paragraph 12 of the December 9, 2008 Interim Decision. The information must be in the form of a signed Declaration as provided in paragraph 12(d) of the December 9, 2008 Interim Decision. If the applicant fails to provide this information, in the form directed, the Application will be returned to him and the Tribunal file closed. The applicant is reminded that all correspondence sent to the Tribunal must be copied to the respondent.
Dated at Toronto, this 18th day of February, 2009.
“Signed by”
__________________________________
Michael Gottheil
Chair