Carmona v. Rubinoff Estate, 2012 HRTO 709

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Ninela Guadalupe Sanchez Carmona

Applicant

-and-

The Executors of the Estate of Arthur Rubinoff

Respondents

INTERIM DECISION

Adjudicator: Ena Chadha

Date: April 10, 2012

Citation: 2012 HRTO 709

Indexed as: Carmona v. Rubinoff Estate

WRITTEN SUBMISSIONS BY

Ninela Guadalupe Sanchez Carmona, Applicant ) Belinda Schubert, Counsel

The Executors of the Estate of ) Matthew Wilton, Counsel

Arthur Rubinoff, Respondents )

1The applicant filed an Application on February 9, 2011, pursuant to section 34 of the Ontario Human Rights Code, R.S.O. 1990, c. H.19, as amended. alleging discrimination and reprisal with respect to employment because of disability and age. The applicant named Arthur Rubinoff as the respondent to the Application.

2A Response was filed on April 18, 2011, denying the applicant’s allegations. The Response indicated that the respondent, Arthur Rubinoff, died on December 7, 2010, and that the Response was filed on behalf of the Estate of Arthur Rubinoff. The Response also identified the Estate of Arthur Rubinoff as an affected party.

3The applicant filed a Reply on May 10, 2011.

4By way of Case Assessment Direction dated November 1, 2011, the Tribunal directed the parties to file written submissions regarding whether the proceeding may properly be continued against the executor or administrator of the estate of the deceased or simply as against the estate.

5The applicant submitted that the proper respondents to the Application are the administrators of the Estate of Arthur Rubinoff and requested that the respondent provide disclosure of the identity of the administrators of the Estate of Arthur Rubinoff

6Counsel for the respondent advised that “The Executors of the Estate of Arthur Rubinoff is the appropriate Respondent in this matter” and identified the individual executors as: Reuben Rosenblatt, Patricia Regan and Sari Friedman.

7This type of situation has been considered under the Rules of Civil Procedure, R.R.O. 1990, Regulation 194. Rule 9.03(3) of the Rules of Civil Procedure provides that:

Proceeding Commenced in the Name of or Against a Deceased Person

(3) A proceeding commenced in the name of or against a person who has died before its commencement shall not be treated as a nullity, but the court may order that the proceeding be continued by or against the executor or administrator or a litigation administrator appointed for the purpose of the proceeding and the title of the proceeding shall be amended accordingly.

8As such, Rule 9.03 contemplates a proceeding against an estate through its executor and provides that the proceeding will not be treated as a nullity if the court orders the continuation of the proceeding as against the executor.

9This Application was commenced against Arthur Rubinoff and it appears that he died prior to the commencement of the Application. Therefore, by analogy to the Rules of Civil Procedure and given that both parties appear to agree, the style of cause in this Application will be amended to reflect that the executors, Reuben Rosenblatt, Patricia Regan and Sari Friedman, of the estate of Arthur Rubinoff, are the responding parties to this Application.

10The Tribunal orders that the style of cause is amended to identify the respondents as “The Executors of the Estate of Arthur Rubinoff”.

11I am not seized of this matter.