Human Rights Tribunal of Ontario
B E T W E E N:
John Sporbeck Applicant
-and-
City of Hamilton and Canadian Union of Public Employees Respondents
DECISION
Adjudicator: Maureen Doyle Date: March 7, 2012 Citation: 2012 HRTO 481 Indexed as: Sporbeck v. Hamilton (City)
1This is an Application filed on November 10, 2009 under section 34 of Part IV of the Human Rights Code, R.S.O. 1990, c. H.19 as amended (the “Code”).
2Having been advised that the applicant died on October 7, 2011, the Registrar of the Tribunal sent a letter on December 13, 2011, to the applicant’s estate, at the applicant’s last address known to the Tribunal. The letter indicated that the Tribunal needed to know the intentions of the estate’s trustee and required contact information for the estate. The letter also indicated that if the estate trustee wished to continue with the Application, the trustee must provide a copy of the will indicating the trustee’s authority to act for the estate or a certificate from a Court appointing the estate trustee. The letter also requested that the estate confirm its intentions in writing by January 11, 2012 and indicated that if the estate did not file its written intentions by the required time, the Tribunal might consider the failure to respond as an abandonment of the Application and dismiss the Application for that reason.
3No representative of the estate contacted the Tribunal and on February 6, 2012, the Tribunal issued a Case Assessment Direction (CAD) directing that if the estate wished to participate in this proceeding, it must write to the Tribunal by February 17, 2012, indicating the intentions of the estate trustee and including contact information for the estate. The CAD also directed that the trustee must provide a copy of the will indicating the trustee’s authority to act for the estate, or a certificate from a Court appointing the estate trustee. The CAD advised that if the trustee “does not communicate with the Tribunal by February 17, 2012, the Application may be considered abandoned”.
4The Tribunal has not received any communication from the trustee of the applicant’s estate.
5In the circumstances, the Tribunal deems the Application abandoned and it is dismissed.
Dated at Toronto, this 7^th^ day of March, 2012.
“Signed by”
_____________________
Maureen Doyle Vice-chair