Nick Tassone v. Bombardier Inc., 2010 HRTO 1463

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Nick Tassone Applicant

-and-

Bombardier Inc. Respondent

DECISION

Adjudicator: Eric Whist Date: July 5, 2010 Citation: 2010 HRTO 1463 Indexed as: Tassone v. Bombardier

1This is an Application alleging discrimination on the basis of disability in employment contrary to the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”). At issue is the fact that the applicant has died and there is no indication that the estate wishes to continue with the Application.

Background

2In a letter to the Tribunal dated September 28, 2009 counsel for the applicant stated that the applicant had died and that counsel was in the process of determining from whom she was to take instructions. In a letter to the Tribunal dated October 1, 2009 Ms. Vacarelli stated that the HRLSC had confirmed that Ned (Nazzareno) Tassone had continuing power of attorney in respect of property for the applicant, his deceased brother, and that the HRLSC had requested documents from Ned Tassone to establish that he was the executor of the applicant’s estate.

3In an Interim Decision dated November 17, 2009 (2009 HRTO 1947) the Tribunal directed Ned Tassone to confirm in writing whether he was acting for the estate of the applicant by December 1, 2009 or if not, to provide the Tribunal with the name and contact information of the estate representative by December 1, 2009. Ned Tassone has not replied to this request.

4In a letter to the Tribunal dated February 1, 2010 the HRLSC indicated that it was no longer acting for Nick Tassone.

5In a letter to Ned Tassone dated May 19, 2010 the Tribunal requested confirmation as to who Nick Tassone’s estate trustee was and whether he or she wished to pursue the Application. The letter states that if the estate did not file submissions on whether it wished to continue with the Application within 20 days of the Tribunal’s letter the Tribunal would deem the Application abandoned.

6The Tribunal has not received any submissions from the estate within the required timeframe. Accordingly the Application is deemed abandoned and the Tribunal will close its file.