Natasha Koziol v. The University of Western Ontario, 2013 HRTO 999

Human Rights Tribunal of Ontario

Between:

Natasha Koziol Applicant

-and-

The University of Western Ontario Respondent

Interim Decision

Adjudicator: Sheri D. Price Date: June 5, 2013 Citation: 2013 HRTO 999 Indexed as: Koziol v. The University of Western Ontario

1This is an Application under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19 as amended (the "Code"), in which the applicant alleged that the respondent infringed her rights under the Code.

2In early March 2013, counsel for the applicant advised the Tribunal that the applicant had passed away in January 2013.

3Accordingly, on March 7, 2013, the Tribunal wrote to the applicant's estate seeking confirmation as to whether an estate trustee had been appointed who was authorized to act on behalf of the estate with respect to the Application. The Tribunal also alerted the parties to the fact that the Tribunal has held that it has no authority to proceed with an Application filed on behalf of an applicant who is deceased, without the appointment of an estate trustee: Denham v. Hamilton Health Sciences Volunteer Association, 2012 HRTO 858.

4By letter dated March 12, 2013, counsel for the applicant requested that the Tribunal hold the Application in abeyance pending the appointment of an estate trustee.

5The Tribunal gave the respondent an opportunity to respond to the applicant's counsel's request. However, no response has been received and the time for providing one has now elapsed.

6In the circumstances of this case and in the absence of any objection by the respondent, I find it appropriate to direct that the Application be held in abeyance for four (4) months from the date of this Interim Decision (i.e. until October 5, 2013), while the necessary steps to appoint an estate trustee are taken. If the Tribunal receives no communication from the estate within four months from today's date, the Application may be dismissed as abandoned.