Patricia Anderson v. Movie Gallery Store #2430 and Gordeen Hogean, 2010 HRTO 2042

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Patricia Anderson

Applicant

-and-

Movie Gallery Store #2430 and Gordeen Hogean

Respondents

DECISION

Adjudicator: Naomi Overend

Date: October 7, 2010

Citation: 2010 HRTO 2042

Indexed as: Anderson v. Movie Gallery Store #2430

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 November 19, 2009.

2On September 15, 2010, the Tribunal wrote to the applicant that it was unable to proceed with her Application until she provided updated contact information for the individual respondent. The Tribunal had attempted to contact the individual respondent at the phone number provided in the Application, but that number was out of service.

3The applicant was advised that the Tribunal had previously communicated with counsel to the Movie Gallery, who indicated that the company was then in bankruptcy proceedings. Counsel indicated she would speak to someone at the Canadian head office to determine if someone would be taking over carriage of the file. No further communications were received.

4In light of the apparent developments concerning a possible bankruptcy, the applicant was asked to provide the Tribunal with direction by September 27, 2010 concerning whether she wished to proceed with the Application. The applicant was warned that failure to provide the requested information and direction could result in the Application being deemed abandoned and dismissed for that reason.

5The applicant has not responded to the Tribunal’s correspondence by either giving updated contact information or providing her direction. In the circumstances, the applicant is deemed to have abandoned the Application and the Application is dismissed.