Stephen Bird v. Transcontinental Printing Inc., 2012 HRTO 215

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Stephen Bird Applicant

-and-

Transcontinental Printing Inc. Respondent

DECISION

Adjudicator: Michelle Flaherty Date: January 30, 2012 Citation: 2012 HRTO 215 Indexed as: Bird v. Transcontinental Printing Inc.

1This is an Application filed on June 4, 2010 under section 34 of Part IV of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”). The applicant alleges discrimination in employment on the basis of disability. At issue is the fact that the applicant has died and there is no indication that the Estate wishes to continue with the Application. The applicant had been representing himself in the Application.

2On August 17, 2011, the Tribunal received a letter from counsel for the respondent advising that they understood from the applicant’s son, who is also an employee of the respondent, that the applicant had recently passed away. The respondent provided a copy of the Bereavement Notice.

3On September 20, 2011, the Tribunal wrote to the Estate of the applicant to inquire as to the Estate’s intentions regarding the Application. The Tribunal directed in its letter that if the Estate Trustee wished to continue with the Application, the Estate Trustee must either provide a copy of the applicant’s will indicating his/ her authority to act for the applicant’s Estate, or a certificate appointing the Estate Trustee by the Court. No response to the September 20, 2011 letter was received, nor was the letter returned as undeliverable.

4Accordingly, on October 31, 2011, the Tribunal wrote to the applicant’s Estate and directed that if the applicant’s Estate did not advise the Tribunal and the respondent whether it intended to proceed with the Application by November 14, 2011 then the Tribunal might consider the failure to respond as an abandonment of the Application and dismiss the Application on that basis.

5As of the date of this Decision, the Tribunal has not received any submissions from the estate and the time for doing so has elapsed. The Tribunal’s letter of October 31, 2011 has not been returned as undeliverable. In the circumstances, the Application is deemed abandoned and it is accordingly dismissed.