HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Rouwadya Hirmiz
Applicant
-and-
My Dollar Shop
Respondent
DECISION
Adjudicator: David Muir
Indexed as: Hirmiz v. My Dollar Shop
1This is an Application filed under section 34 of Part IV of the Human Rights Code, R.S.O. 1990, c. H.19, as amended.
2The Tribunal issued a Notice of Application and attempted to deliver the Application to the respondent named in the Application by regular mail at the address provided by the applicant.
3The Notice sent to the respondent was returned: marked as "MOVED/UNKNOWN-Business Terminated". In correspondence issued on November 7, 2013 the applicant was directed to provide current, complete and accurate addresses for the respondent by November 27, 2013. The applicant did not respond to this Direction.
4The Notice sent to the respondent was returned: marked as "MOVED/UNKNOWN-Business Terminated". At this time, the HRTO has therefore been unable to contact the respondent at the address the applicant provided.
5Rule 6.6 (a) and (b) of the Tribunal's Rules of Procedure provides:
An Application accepted by the HRTO for processing:
a. will be sent by the HRTO to the Respondent(s), and to any trade union, occupational or professional organization identified in the Application, at the addresses provided in the Application, or
b. will not be dealt with in respect of a Respondent or a trade union, occupational or professional organization that cannot be contacted in accordance with paragraph (a) above, and the Applicant will be so advised; […].
6Previous decisions of the HRTO in Guild v. Kyle-Jansen, 2008 HRTO 347, and Osman v. Elle Productions Security, 2009 HRTO 1426, have explained that it is the responsibility of the applicant to provide and in some cases confirm accurate contact information. The HRTO may dismiss an Application if it is unable to contact the respondent.
7In all of the circumstances this Application is dismissed as abandoned.
Dated at Toronto, this 8^th^ day of January, 2014.
"Signed by"
David Muir
Vice-chair