Bourgoin Estate v. Maple Villa Long Term Care Centre, 2013 HRTO 429

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Estate of Eva Bourgoin

Applicant

-and-

Maple Villa Long Term Care Centre and Barb Goetz

Respondents

INTERIM DECISION

Adjudicator: Brian Cook

Date: March 13, 2013

Citation: 2013 HRTO 429

Indexed as: Bourgoin Estate v. Maple Villa Long Term Care Centre

1This is an Application filed under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), alleging discrimination with respect to goods, services and facilities because of disability. The Application is brought by Anne Marsden in her capacity as trustee of the Estate of Eva Bourgoin. Ms. Marsden is Eva Bourgoin’s daughter. The applicant has provided a Certificate of Appointment of Estate Trustee Without a Will confirming that she has been appointed as the Estate Trustee.

2The respondent did not file a full Response. Instead, it asked the Tribunal to dismiss the Application because of a Release signed by the applicant on October 6, 2010.

3The applicant filed submissions which refer to an order of Mr. Justice Quigley dated September 13, 2010 which appointed the Public Guardian and Trustee as Litigation Guardian for Anne Marsden. The order indicated that Ms. Marsden could appoint her own litigation guardian but that the Public Guardian and Trustee would act as litigation guardian in the meantime.

4The applicant indicates that the Release should not prevent her from pursuing this Application. She suggests that the Release may not have been lawfully executed because she did not have authority to sign it on her own without the involvement of the litigation guardian. She also notes that the Application was filed in 2009, before the Release was signed.

5Before anything else can be done in respect of this Application, it is necessary to confirm that Anne Marsden can act in respect of it. She must provide the following information:

a. The name and contact information for her litigation guardian.

b. Confirmation from the litigation guardian that the litigation guardian is prepared to advance the Application.

c. If the applicant no longer has a litigation guardian, she must provide confirmation that the need for a litigation guardian has been removed by the Court or confirmation that the need for a litigation guardian does not extend to this Application.

6This information must be filed with the Tribunal and copied to the respondent by April 5, 2013. If the information is not sent by that date, the Application may be dismissed as abandoned.