Hill-McLellan v. Fleet Canada Inc., 2011 HRTO 1727

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Andrew Hill-McLellan Applicant

-and-

Fleet Canada Inc. Respondent

DECISION

Adjudicator: Michelle Flaherty Date: September 20, 2011 Citation: 2011 HRTO 1727 Indexed as: Hill-McLellan v. Fleet Canada Inc.

1The Tribunal received an Application filed under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), on January 19, 2011. The application was filed by Elizabeth Gemmell for Andrew Hill-McLellan. The Tribunal understands that Mr. Hill-McLellan is deceased.

2In a letter to Ms. Gemmell dated March 4, 2011, the Tribunal directed Ms. Gemmell to confirm her status as Estate Trustee for the Estate of Andrew Hill-McLellan by no later than March 24, 2011. On March 23, 2011, Ms. Gemmell wrote to the Tribunal and indicated that the applicant did not have a will, but that she was “in charge” of his estate.

3On May 30, 2011, the Tribunal wrote again to Ms. Gemmell and indicated that, while it had received her earlier correspondence, it required confirmation that an estate administrator had been appointed for the applicant in order for the Application to proceed. The Tribunal directed Ms. Gemmell to advise if she or any other person intends to seek an appointment as estate administrator on behalf of the estate of Andrew Hill-McLellan.

4In response to the Tribunal’s May 30 letter, the applicant contacted a Tribunal Case Processing Officer on June 23, 2011, by telephone and indicated that she was unsure how to proceed. Ms. Gemmell was given contact information for the Human Rights Legal Support Centre and asked to advise the Tribunal in writing of her intentions with respect to the Application. Ms. Gemmell did not do so.

5On August 8, 2011, the Tribunal wrote again to Ms. Gemmell. It advised her to provide a written response to the Tribunal’s May 30^th letter by no later than August 18, 2011. The Tribunal indicated that failure to file submissions by the required time may lead to the dismissal of the Application.

6Ms. Gemmell has not responded to the August 8 letter. She has not filed written submissions, nor has she communicated with the Tribunal by telephone.

7In the circumstances, I find the Application has been abandoned. It is dismissed on that basis.

Dated at Toronto, this 20^th day of September, 2011.

“Signed by”

________________________________

Michelle Flaherty Vice-chair