Human Rights Tribunal of Ontario
B E T W E E N:
Stephen Wooff
Applicant
-and-
John Coon
Respondent
DECISION
Adjudicator: David Muir
Indexed as: Wooff v. Coon
1The applicant filed an Application under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”).
2On January 15, 2014 the Tribunal delivered a Notice of Intent to Defer (“NOID”) this Application pending the conclusion of another legal proceeding. The applicant did not respond to the NOID in a timely manner.
3On February 19, 2014 the Tribunal wrote to the applicant to advise that the Tribunal was unable to proceed with this Application at this time and to request that the applicant provide contact information for the respondent because the NOID sent to the respondent at the address provided in the Application was returned marked as “MOVED/UNKNOW – RETURN TO SENDER”.
4The Tribunal advised the applicant about Rule 6.6 (a) and (b) of the Tribunal’s Rules of Procedure:
6.6 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; […].
5The applicant was directed to provide current complete and accurate addresses for the respondent by March 11, 2014 or indicate if the applicant believed that the respondent was avoiding delivery of the NOID, failing which the Application may be dismissed as abandoned.
6The applicant did not respond to this direction and has not contacted the Tribunal.
7In the circumstances, the applicant is deemed to have abandoned the Application.
8The Application is dismissed.
Dated at Toronto, this 22nd day of May, 2014.
“Signed by”
David Muir
Vice-chair