Gaynor Buttke-Horton v. Sonny Huynh, 2010 HRTO 1297

Human Rights Tribunal of Ontario

B E T W E E N:

Gaynor Buttke-Horton Applicant

-and-

Sonny Huynh Respondent

DECISION

Adjudicator: Brian Eyolfson Date: June 8, 2010 Citation: 2010 HRTO 1297 Indexed as: Buttke-Horton v. Huynh

1This is an Application filed on February 5, 2010, under section 34 of Part IV of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the "Code").

2On March 31, 2010, the Tribunal issued a Notice of Application to the parties, at the mailing addresses provided by the applicant in her Application. The Notice of Application delivered to the respondent was returned indicating "Address Incomplete", and the applicant was advised of this by letter dated April 19, 2010.

3The Tribunal's April 19, 2010 letter to the applicant also drew the applicant's attention to Rule 6.6 of the Tribunal's Rules of Procedure, which states, in part, as follows:

An Application accepted by the Tribunal for processing:

a) will be sent by the Tribunal to the Respondents(s), and to any trade union, occupational or professional organization identified in the Application, at the addresses provided in the Application; or

b) will not be dealt with in respect of a Respondent or a trade union, occupational or professional organization that cannot be contacted in accordance with paragraph (a) above, and the Applicant will be so advised; […]

4Having regard to Rule 6.6(b), the Tribunal advised the applicant that it could not deal with her Application until she took the following further steps:

(a) within 20 days of the date of this Notice, provide current, complete and accurate addresses for the respondent and explain the steps taken to ensure that the address is current, complete and accurate; and

(b) if you believe that the address previously provided in your Application is in fact current, complete and accurate contact information for the respondent, provide the reason for that belief and the steps taken to verify that the address is current, complete and accurate.

5The Tribunal advised the applicant that if she did not provide the information requested above within 20 days of the date of the letter, the Tribunal may decide to dismiss her Application.

6To date, the applicant has not provided the requested information, nor has she contacted the Tribunal. In the circumstances, the Tribunal deems the Application abandoned and it is accordingly dismissed.