White v. Technical Standards and Safety Authority, 2013 HRTO 402

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Gerald White

Applicant

-and-

Technical Standards and Safety Authority and Superior Propane, a division of Superior Plus LP

Respondents

DECISION

Adjudicator: Naomi Overend Decision Date: March 8, 2013 Citation: 2013 HRTO 402 Indexed as: White v. Technical Standards and Safety Authority

Introduction

1The applicant filed an Application under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19 as amended (the “Code”), on June 18, 2012.

2At the outset of a scheduled mediation on November 22, 2012, the Tribunal was advised that the applicant had passed away. The Tribunal’s Registrar attempted to contact the Estate for the applicant. On January 18, 2013, a notice was sent to the Estate of Gerald White by regular mail and delivered to the applicant’s address on file with the Tribunal seeking details of whether anyone had been appointed to represent the Estate. The notice indicated that a request could be made to hold the application in abeyance if no one had yet been appointed and also noted that the Tribunal may not have authority to proceed with the Application in the absence of the appointment of an Estate Trustee. The notice also indicated that if no response to the Tribunal’s letter was received by February 8, 2013 the Application might be dismissed. The Tribunal’s notice was not returned as undeliverable and as of the date of this decision no communication has been received by the Tribunal on behalf of the Estate of the applicant.

3In the absence of any communication by or on behalf of the Estate of Gerald White or any other indication that there is any intention of the Estate to continue the application, the Application is deemed to be abandoned by the Estate and is dismissed on that basis.