HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Sofina Khan
Applicant
-and-
Karen Simpson
Respondent
INTERIM DECISION
Adjudicator: Ken Bhattacharjee
Indexed as: Khan v. Simpson
1The purpose of this Interim Decision is to address the lack of current contact information for the respondent.
2The applicant filed an Application under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended, (the "Code"), on January 28, 2010, which alleged that the respondent discriminated against her with respect to employment. The respondent filed a Response on April 22, 2010, which denied the allegation of discrimination, and the applicant filed a Reply on May 5, 2010.
3The applicant and the respondent were both employed by the Mount Dennis Medical Group ("Mount Dennis"), which was not named as a respondent by the applicant. In her Response, the respondent provided the address, telephone number and e-mail address of Mount Dennis as her contact information.
4On May 21, 2010, Mount Dennis informed the Tribunal that the respondent no longer worked for them, but did not provide her current or last known contact information.
5On May 26, 2010, the Tribunal's Registrar sent the applicant a letter, which informed the applicant of the above, and requested that she provide current contact information for the respondent. The letter also requested that the applicant clarify if she intended to name Mount Dennis as a respondent.
6On May 31, 2010, the applicant filed a letter with the Tribunal, which stated that she had no other contact information for the respondent, but that Mount Dennis should have that information. The letter also stated that she was naming Mount Dennis as a respondent.
7On June 1, 2010, a Tribunal staff person advised the applicant that, with respect to her intention to add Mount Dennis as a respondent, she would have to complete a Request for an Order During Proceedings (Form 10), deliver it to Mount Dennis and the respondent, and file it with the Tribunal.
8On July 16, 2010, the Tribunal's Registrar sent the applicant a letter which stated that she had not yet filed a Request for an Order During Proceedings to add Mount Dennis as a respondent, and if it was not filed within 14 days, the Tribunal would proceed with the Application as it is.
9To date, the applicant has not filed a Request for an Order During Proceedings, or otherwise communicated, with the Tribunal.
10In my view, the next step is to address the lack of current contact information for the respondent. Rule 1.13 of the Tribunal's Rules of Procedure states that a party must notify the Tribunal and all parties and their representatives, in writing, of any change in their contact information as soon as possible. It appears that there has been a change in contact information for the respondent, but she has not notified the Tribunal or the applicant of the change. Rule 5.4 further states 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.
11Given that the applicant does not have the respondent's current contact information, and the respondent appears to be under the mistaken belief that she no longer has to participate in this process because her employment with Mount Dennis has ended, my view is that Mount Dennis should provide the current or last known information of the respondent.
12Rule 1.1 of the Tribunal's Rules of Procedure provides that the Rules will be liberally interpreted and applied by the Tribunal to facilitate an accessible procedure and to ensure the fair, just and expeditious resolution of the merits of the matters before it. Rule 5.1 further states the Tribunal may relieve against a failure to comply with the Rules as the Tribunal considers appropriate. In my view, it would not be expeditious to direct the applicant to complete, deliver and file a Request for an Order During Proceedings in order to obtain the respondent's current or last known contact information from Mount Dennis.
13The Tribunal therefore orders Mount Dennis to deliver to the applicant and file with the Tribunal the current or last known contact information of Ms. Simpson (i.e. mailing address, telephone number, and e-mail address) by no later than October 12, 2010.
Dated at Toronto, this 5th day of October, 2010.
"signed by"________________
Ken Bhattacharjee
Vice-chair