Rehana Khudabaksh v. Optima Communications International Inc., 2012 HRTO 35

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Rehana Khudabaksh

Applicant

-and-

Optima Communications International Inc., Kirk Millar, Don MacLeod, Vito Selaram, Lilian Stellach and John Roach

Respondents

INTERIM DECISION

Adjudicator: Sherry Liang

Date: January 9, 2012

Citation: 2012 HRTO 35

Indexed as: Khudabaksh v. Optima Communications International Inc.

1This is an Application filed on August 2, 2011 under section 34 of Part IV of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”).

2The Application is made against a corporate respondent as well as five individual respondents. The applicant provided, as contact information for the individual respondents, the address of the corporate respondent.

3The corporate respondent and three of the individual respondents have filed Responses, and have indicated that the remaining two individual respondents no longer work for the company and have not submitted a response.

4Ordinarily, it is the responsibility of an applicant to provide accurate contact information and the Tribunal relies on applicants to provide a correct address for respondents named in their applications. In this case, however, it appears likely that the corporate respondent has knowledge of the last known address of the two individual respondents who have recently left its employ and may even have been in contact with these individuals with respect to this Application. In these circumstances, the Tribunal will order the corporate respondent to provide this contact information so that the Application may be delivered to these respondents.

5Even if these two respondents are no longer employed by the corporate respondent, they must still file responses in accordance with the Tribunal’s Rules, since they are named as respondents to the Application. The requirement to file responses does not preclude them, or any respondent, from raising any issue with respect to their involvement in the Application, including whether they are proper respondents.

6The Tribunal therefore directs Optima Communications International Inc. to provide the applicant and the Tribunal with the last known addresses of Lilian Stellach (or Lilianna Stelmach) and Kirk Millar, within fourteen (14) days of this Interim Decision, following which the Tribunal will deliver notice of the Application to these two individuals at the addresses provided.

7I am not seized of this matter.