Human Rights Tribunal of Ontario
B E T W E E N:
John McArdle
Applicant
-and-
St Joseph’s Health Centre
Respondent
DECISION
Adjudicator: David Muir
Indexed as: McArdle v. St. Joseph’s Health Care
Introduction
1The applicant filed an Application under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19 as amended.
2A summary hearing scheduled in this case to take place on April 10, 2013 was adjourned because the applicant was hospitalized and too ill to attend. Subsequent efforts by the Tribunal to re-schedule the summary hearing were not responded to by the applicant. Information came to the attention of the Tribunal that indicated that the applicant may have passed away.
3On September 10, 2013, the Tribunal wrote to the applicant at his alternate contact’s address. The text of that letter is reproduced here:
The applicant filed this Application with the Human Rights Tribunal of Ontario (HRTO). The HRTO understands that the applicant is now deceased.
In these circumstances, the HRTO requires confirmation of who is authorized to act on behalf of the estate. The estate should provide a copy of the certificate of appointment of estate trustee with or without a will that authorizes the trustee to act on behalf of the estate. This must be filed with the Registrar (and delivered to the other parties to the Application) no later than October 10, 2013.
Please note that the HRTO has found that it does not have authority to proceed with an Application without the appointment of an estate trustee (see Denham v. Hamilton Health Sciences Volunteer Association, 2012 HRTO 858).
If no estate trustee has yet been appointed you may request that the HRTO hold the Application in abeyance pending appointment of the trustee.
If no response to this letter is received by October 10, 2013 the HRTO may deem the Application to be abandoned and dismiss it on that basis.
4To date, there has been no response to the September 10, 2013 correspondence.
5In the circumstances, the applicant is deemed to have abandoned the Application.
6The Application is dismissed.
Dated at Toronto, this 24th day of October, 2013.
“signed by”
David Muir
Vice-chair