Human Rights Tribunal of Ontario
B E T W E E N:
Rose Cooper Applicant
-and-
1814076 Ontario Limited o/a Ramada Plaza Niagara Restaurant, Iskander Tokuc and Ted Kollaris Respondents
DECISION
Adjudicator: Maureen Doyle Date: July 17, 2012 Citation: 2012 HRTO 1391 Indexed as: Cooper v. 1814076 Ontario Limited
Introduction
1This is an Application filed under section 34 of Part IV of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the "Code"), alleging discrimination with respect to employment because of disability.
2This Application has been scheduled to be heard in St. Catharines on August 28 and 29, 2012.
3On May 28, 2012, counsel for the respondents wrote to the Tribunal, stating that they had been advised that the applicant had died this year and enclosing a copy of the Death Certificate of the applicant.
4On May 29, 2012, the Tribunal wrote to the applicant's Estate, at the address the applicant had provided as her address, advising that the Tribunal required the Estate Trustee to confirm his or her status to act on behalf of the Estate and to confirm whether the Estate intended to continue the Application. It also directed the Estate Trustee to provide a copy of the document authorizing him or her to act as the Estate Trustee. It directed that these submissions and documents were to be filed with the Registrar and copied to the other parties no later than June 18, 2012. The letter also advised that if the Estate did not file written submissions within the required time, the Tribunal would deem the Application to be abandoned and would dismiss it on that basis.
5The Tribunal's May 29, 2012 letter has not been returned as undeliverable.
6The Estate Trustee has not made submissions or provided the documentation described in the Tribunal's May 29, 2012 correspondence, nor has the Tribunal received any other communication from the Estate Trustee.
7Accordingly, the Application is deemed abandoned and is dismissed on that basis.
8The hearing scheduled for August 28 and 29, 2012 is cancelled.
Dated at Toronto, this 17th day of July, 2012.
"signed by"
__________________________________
Maureen Doyle Vice-chair