Human Rights Tribunal of Ontario
B E T W E E N:
Richard Sorenson Applicant
-and-
Larissa Mair Casting and Associates Inc. Respondent
DECISION
Adjudicator: David Muir Date: March 3, 2014 Citation: 2014 HRTO 276 Indexed as: Sorenson v. Larissa Mair Casting and Associates Inc.
Introduction
1The applicant filed an Application under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19 as amended, on April 30, 2013.
2On November 9, 2013, the Tribunal received correspondence from Karen Sorenson indicating that Richard Sorenson had passed away and that the hearing could not proceed. On November 20 the Tribunal requested that the Estate confirm what appeared to be an intention to withdraw the Application. The Tribunal received an email from Karen Sorenson on November 20, 2013 which indicated that estate trustee was out of the country until the end of January 2014 and could not respond before then.
3On November 22, 2013 the Tribunal wrote to the parties seeking clarification of the applicant or his Estate’s intentions with respect to the Application. The material text of the letter is reproduced here:
Ms. Sorenson has indicated the estate trustee no longer wishes to pursue the matter and is out of the country to the end of January. The HRTO requires written confirmation from the estate trustee confirming she is authorized to act on behalf of the estate and confirming she wishes to withdraw the application. A party who wishes to withdraw an Application may file a Request to Withdraw (Form 9) or confirm a withdrawal in writing with the HRTO.
The estate is requested to provide the above information or its intentions by February 15, 2014. If the estate does not respond to this letter by February 15, 2014, the HRTO may deem the Application to be abandoned and dismiss the file.
4To date, the Estate has not responded further to the Tribunal’s correspondence.
5In the circumstances, the applicant and/or the Estate is deemed to have abandoned the Application.
6The Application is dismissed.
Dated at Toronto, this 3rd day of March, 2014.
"signed by"
__________________________________
David Muir Vice-chair