Kaboni v. Manulife Financial, 2013 HRTO 1341

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Darlene Kaboni

Applicant

-and-

Manulife Financial, Kendra Haggerty and Tracy Salois

Respondents

DECISION

Adjudicator: Brian Eyolfson

Decision Date: August 1, 2013

Citation: 2013 HRTO 1341

Indexed as: Kaboni v. Manulife Financial

1The applicant filed an Application under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19 as amended (the "Code").

2Numerous preliminary issues have arisen with respect to this Application, including the dismissal of a part of the Application that was filed against the Canada Post Corporation and various individual employees of the Corporation on the basis that those initially named respondents were subject to federal rather than provincial jurisdiction.

3After confirming that the applicant wished to proceed against the remaining respondents, the Tribunal attempted to deliver the Application to the remaining respondents at the address provided by the applicant. All of these Applications were returned to the Tribunal as undeliverable. By letter dated May 1, 2013 the Tribunal contacted the applicant asking her to provide or confirm accurate contact information for the remaining respondents, noting that previous decisions of the Tribunal (Guild v. Kyle-Jansen, 2008 HRTO 347 and Osman v. Elle Productions Security, 2009 HRTO 1426) have explained that it is the responsibility of an applicant to do so. The Tribunal's correspondence also indicated that a failure to provide the requested information by May 21, 2013 might result in the dismissal of the Application. No response was received. By correspondence of July 9, 2013, a further opportunity was provided to the applicant to provide the requested information to allow for service of the Application on the remaining respondents. The correspondence indicated that a failure to respond by July 16, 2013 might result in the dismissal of the Application as abandoned.

4To date, the applicant has not responded to the Tribunal's correspondence of May 1 or July 9, 2013. In the circumstances, the applicant is deemed to have abandoned the Application. The Application is dismissed.