Indrama Ramcharran v. 3PD, Inc., and Alan Hamill, 2011 HRTO 341

Human Rights Tribunal of Ontario

B E T W E E N:

Indrama Ramcharran Applicant

• and -

3PD, Inc., and Alan Hamill Respondents

INTERIM DECISION

Adjudicator: Ena Chadha Date: February 16, 2011 Citation: 2011 HRTO 341 Indexed as: Ramcharran v. 3PD

1By way of Interim Decision 2011 HRTO 100, the Tribunal ordered the parties to provide further information with respect to the last known address of Rory Kitchen ("personal respondent Kitchen"), who was named in the Application. Neither party complied with the Tribunal's order.

2As a result of both parties' failure to comply with the Tribunal's order, the Tribunal must make its decisions based on the materials in the file and in accordance with the Tribunal's Rules of Procedure.

3The Tribunal contacted the applicant and informed the applicant that the personal respondent Kitchen's Notice of Application package was returned. The applicant advised that she was unable to locate an alternate address for the personal respondent Kitchen.

4In the present circumstances, it appears that the contact information provided by the applicant for the personal respondent Kitchen is incorrect. As explained by the Tribunal in Guild v. Kyle-Jansen, 2008 HRTO 347, while the Tribunal forwards completed applications to respondents, it is the responsibility of the applicant to provide accurate contact information and the Tribunal relies on applicants to provide a correct address for respondents named in their applications.

5Rule 5.3 states that the Tribunal may decide not to deal with an Application that is not filed in compliance with the Tribunal's Rules. Rule 6.6(b) of provides that the Tribunal will not deal with an application in respect of a respondent who cannot be contacted at the contact information provided by the applicant.

6In accordance with Rules 5 and 6, the Tribunal dismisses the Application as against the personal respondent Kitchen and orders the style of cause to be amended to reflect the same.

7Given that the applicant and remaining respondents have indicated that they are amenable to participate in mediation, the Registrar's Office will schedule a mediation in this matter.

8I am not seized of this matter.