Ross Rowsell v. Johnson-Rose Inc., 2009 HRTO 1580

Human Rights Tribunal of Ontario

B E T W E E N:

Ross Rowsell

Applicant

-and-

Johnson-Rose Inc., Elliot Berman, Robert Branton, Antoinette Fantetti and Gabor Friedman

Respondents

INTERIM DECISION

Adjudicator: Sherry Liang Date: September 30, 2009 Citation: 2009 HRTO 1580 Indexed as: Rowsell v. Johnson-Rose

1This is an Application filed on June 22, 2009, under section 34 of Part IV of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”). The Application names Gloria Rowsell as the representative of the applicant.

2No Responses have been filed by any of the respondents. However, the corporate respondent has filed a Request for an Order During Proceedings. The corporate respondent states that it understands that the applicant passed away on or about August 16, 2009. It asks the Tribunal to dismiss the Application and, in the interim, for an extension of time to file a Response pending the Tribunal’s decision on the Request.

3The corporate respondent delivered the Request to Gloria Rowsell, who has not responded to the Request.

4If it is true that the applicant is now deceased, this raises an issue about the proper party to whom the Request for Order should be directed. From the material before me, it is not clear that Gloria Rowsell is now the individual authorized to act on behalf of the estate of the deceased, as the estate trustee or administrator. Although the applicant may have authorized her to act as his representative when he was alive, upon death, it is the estate that takes over the rights of a deceased.

5Therefore, the Tribunal directs Gloria Rowsell to advise the Tribunal whether she acts for the estate of the applicant. If so, she must provide the Tribunal with documents confirming her status, such as a will appointing her as executor. In the unusual circumstances presented here, the Tribunal will also allow her an opportunity to respond to the Request, despite the lack of an earlier response. She must provide the information requested and her response to the Request to the Tribunal by October 20, 2009.

6If Gloria Rowsell is not the estate representative, she is directed to provide the Tribunal with the name and contact information of the estate representative, by October 20, 2009.

7In view of the uncertainty about who is entitled to respond to the Request, the Tribunal will defer consideration of the Request pending receipt of further information and/or a response. However, if the Tribunal does not receive further information or a response following on these directions, it may decide to treat this Application as abandoned.

8As well, in the unusual circumstances presented, the respondents are not required to file Responses pending further direction from the Tribunal,.

9I am not seized of this matter.