Dolly LeBlanc v. Ontario Public Service Employees Union Local 500, 2011 HRTO 1679

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Dolly LeBlanc Applicant

-and-

Ontario Public Service Employees Union Local 500, Centre for Addiction and Mental Health and Desjardins Financial Security Respondents

DECISION

Adjudicator: Ena Chadha Date: September 12, 2011 Citation: 2011 HRTO 1679 Indexed as: LeBlanc v. Ontario Public Service Employees Union Local 500

1This Application was filed on March 3, 2010 under section 34 of the Human Rights Code, R.S.O. 1990, c. H.19 as amended (the “Code”). The Application alleged discrimination in employment on the basis of age.

2In a letter dated May 5, 2011, the respondent, the Ontario Public Service Employees Union (OPSEU), wrote to the Tribunal stating that they had been informed that the applicant had recently passed away. OPSEU stated that it was unaware of any estate trustee and consequently were awaiting direction from the Tribunal as to how the Application might proceed.

3The last communication received from the applicant was an e-mail dated January 27, 2011. The applicant was self-represented and provided no alternate contact.

4The Tribunal has received no information from anyone acting on behalf of the applicant.

5On May 18, 2011, the Tribunal issued a Case Assessment Direction (CAD) to the applicant’s last known address in an effort to confirm the applicant’s death, whether there is an estate trustee or person authorized to act on behalf of the estate and whether the applicant’s estate has an interest in proceeding with the Application. The CAD indicated that if there was a person authorized to act on behalf of the estate of the applicant they were required to contact the Tribunal within 28 days of the date of the CAD to clarify the nature of the Application and its current status. The CAD stated that if the Tribunal did not receive a response within this time, it would consider dismissing the Application as abandoned.

6The timeline for filing a response to the CAD has elapsed and the Tribunal has received no communication or correspondence regarding the applicant’s estate or this Application.

7Accordingly, the Application is dismissed as abandoned.