Asselstine v. 1002566 Ontario Inc., 2012 HRTO 245

Human Rights Tribunal of Ontario

B E T W E E N:

Kathleen Asselstine Applicant

-and-

1002566 Ontario Inc. o/a Tim Hortons and Amanda Haines Respondents

DECISION

Adjudicator: Naomi Overend Date: February 3, 2012 Citation: 2012 HRTO 245 Indexed as: Asselstine v. 1002566 Ontario Inc.

1This is an Application filed on September 16, 2011 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 sexual orientation. 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 herself in the Application.

2On November 2, 2011, the Tribunal received an email from counsel for the respondent advising that they understood that the applicant had recently passed away.

3In a letter to the Estate of the applicant dated November 8, 2011, the Tribunal requested that the Estate Trustee provide a copy of the applicant's will and death certificate to confirm the Estate Trustee's status to act on behalf of the applicant's Estate. The Tribunal also asked the Estate Trustee to confirm whether the Estate intended to continue the Application. The letter stated that if the Estate Trustee did not provide this information by November 28, 2011 the Application would be abandoned and dismissed on that basis.

4As 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 November 8, 2011 has not been returned as undeliverable. In the circumstances, the Application is deemed abandoned and it is accordingly dismissed.