Estate of Ann Bruce v. The Law Society of Upper Canada, 2014 HRTO 1341

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Estate of Ann Bruce Applicant

-and-

The Law Society of Upper Canada and Ismet Onen Respondents

DECISION

Adjudicator: Naomi Overend Date: September 10, 2014 Citation: 2014 HRTO 1341 Indexed as: Bruce v. Law Society of Upper Canada

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 September 8, 2011. It was deferred on consent on March 12, 2012.

2The Tribunal was subsequently advised that the applicant had passed away. The Tribunal's Registrar attempted to contact the Estate for the applicant. On July 21, 2014, a notice was sent to the Estate of Ann Bruce 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 August 11, 2014, 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 Ann Bruce 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.