Slavujevic v. K-W Cornerstone Paving, 2011 HRTO 156

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Stojan Slavujevic

Applicant

-and-

K-W Cornerstone Paving Ltd.

Respondent

DECISION

Adjudicator: Sherry Liang

Date: January 21, 2011

Citation: 2011 HRTO 156

Indexed as: Slavujevic v. K-W Cornerstone Paving

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 June 9, 2010. The respondent filed a Response on August 16, 2010.

2In an earlier Interim Decision, 2010 HRTO 2403, issued December 2, 2010 the Tribunal addressed the applicant's failure to respond to its correspondence and to provide current contact information as follows in paragraphs 2-6:

The 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".

On 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.

The 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.

Pursuant 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.

The 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.

3In the absence of any other contact information for the applicant the Interim Decision was mailed to him at the address provided in his Application. The Interim Decision was once again returned to the Tribunal marked "Moved/Unknown".

4To date the applicant has not responded to the Interim Decision or provided current contact information to the Tribunal. The time for doing so has now passed.

5In the circumstances, the applicant is deemed to have abandoned the Application.

6The Application is dismissed.