Rowsell v. Johnson Rose, 2009 HRTO 2125

Human Rights Tribunal of Ontario

BETWEEN:

Ross Rowsell

Applicant

-and-

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

Respondents

DECISION

Adjudicator: Sherry Liang Date: December 8, 2009 Citation: 2009 HRTO 2125 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.

2In this Application, the respondents have filed a Request for an Order During Proceedings. They seek dismissal of the Application on the basis that the applicant is now deceased. By Interim Decision dated September 30, 2009, the Tribunal directed Gloria Rowsell to advise the Tribunal whether she acts for the estate of the applicant, and if she does not, to provide the Tribunal with the name and contact information of the estate representative.

3The Tribunal has received correspondence from counsel for the estate of the applicant, stating that "we are instructed that the Estate of Ross Rowsell will not be proceeding with this matter."

4On the basis of the Request and the correspondence from the estate, which the Tribunal will treat as consent to dismissal of the Application, the Application is accordingly dismissed.