Stojan Slavujevic v. K-W Cornerstone Paving Ltd., 2010 HRTO 2403

Human Rights Tribunal of Ontario

B E T W E E N:

Stojan Slavujevic

Applicant

• and-

K-W Cornerstone Paving Ltd.

Respondent

INTERIM decision

Adjudicator: Ena Chadha

Date: December 2, 2010

Citation: 2010 HRTO 2403

Indexed as: Slavujevic v. K-W Cornerstone Paving

1The applicant filed an Application on June 9, 2010, under section 34 of the Ontario Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”). The respondent filed a Response on August 16, 2010.

2The Tribunal attempted to contact the applicant by mail on June 11, 2010, July 22, 2010, and September 15, 2010, as well as by telephone on several occasions throughout this period of time. On September 27, 2010, the Tribunal received its June correspondence as returned mail with the postal notification that “moved/unknown”.

3On October 5, 2010, the Tribunal wrote to the applicant and advised the applicant that he was required to inform the Tribunal of his intentions with respect to the Application and if he did not respond within 10 days of the date of that correspondence, the Tribunal would deem the Application abandoned and the close its file. The Tribunal drew the applicant’s attention to Rule 5.4 of the Tribunal’s Rules of Procedure, which states:

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.

4The applicant filed a Reply on October 18, 2010; however, the applicant did not address the issues noted in the Tribunal’s October 5, 2010 correspondence.

5Pursuant to Rule 1.13 of the Tribunal’s Rules of Procedure, all parties are required to notify the Tribunal and other parties of any change in contact information. The applicant has not provided the Tribunal with his current address or telephone number, and has failed to advise the Tribunal of his intentions.

6The Tribunal directs the applicant to write to the Tribunal, copied to the respondent, and provide his current address and telephone numbers and inform the Tribunal of his intentions with respect to the Application. The applicant is also directed to advise whether or not he is amenable to participating in mediation given the respondent’s indication that it is willing to engage in mediation. If the applicant fails to comply with the Tribunal’s direction within 10 days of the date of this Interim Decision, the Tribunal will deem the Application abandoned and dismiss it on that basis.

7I am not seized of this matter.