Thomson v. Erlendson, 2011 HRTO 1891

Human Rights Tribunal of Ontario

B E T W E E N:

William Thomson

Applicant

-and-

John Erlendson

Respondent

DECISION

Adjudicator: Ena Chadha

Date: October 19, 2011

Citation: 2011 HRTO 1891

Indexed as: Thomson v. Erlendson

Reasons for Decision

1The applicant filed an Application under section 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), on April 13, 2010.

2On July 11, 2011, the Tribunal received correspondence from an individual indicating that the applicant died on June 10, 2011. The individual further indicated that she was the applicant’s sole Estate Trustee, Executor and Trustee. On August 3, 2011, the Tribunal wrote to this individual and requested a copy of the applicant’s complete will.

3On September 7, 2011, the Tribunal wrote another letter to the applicant’s Executor noting that the applicant had three outstanding Applications and again requesting a copy of the applicant’s will. On September 13, 2011, a copy of the applicant’s will was faxed to the Tribunal referencing only one of the three Applications; however, no covering letter from the sender accompanied the document.

4On September 21, 2011, the Tribunal wrote to the applicant’s Executor and directed that, within 14 days of the date of that letter, the applicant’s Executor was required to write to the Tribunal and the respondent indicating whether the applicant’s estate intended to proceed with this Application. The Tribunal’s letter expressly stated that if no correspondence confirming such an intention was received within 14 days, the Application would be considered to be abandoned and would be dismissed for that reason.

5The Tribunal did not receive a response to its September 21, 2011 letter. The timeline for doing so has elapsed.

6In these circumstances, the Tribunal determines that the Application has been abandoned and accordingly, the Application is dismissed.