HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Karen Boyer
Applicant
-and-
Sault Area Hospital and Dolores Cowan
Respondents
DECISION
Adjudicator: Jo-Anne Pickel
Indexed as: Boyer v. Sault Area Hospital
1The applicant filed an Application on September 22, 2014, alleging that the respondents discriminated against her contrary to the Human Rights Code, R.S.O. 1990 c. H. 19, as amended (the "Code"). By e-mail dated March 25, 2015, the applicant's former counsel advised the Tribunal that the applicant is deceased.
2On April 29, 2015, the Tribunal's Registrar advised the applicant's former counsel that the Tribunal does not have authority to proceed with the Application without the appointment of an estate trustee. The Tribunal directed the applicant's estate to provide a certificate of appointment of estate trustee no later than May 29, 2015.
3Following this letter, the Tribunal granted extensions of this deadline up to July 30, 2015. On July 30, 2015, the applicant's former counsel wrote to the Tribunal to advise that the applicant's daughter informed her that she was consulting with a lawyer regarding pursuing this Application and that she hoped to receive a response from her counsel by the first week of August.
4By Case Assessment Direction dated August 12, 2015, I directed the applicant's daughter or another representative of the applicant's estate to file with the Tribunal a certificate of appointment of estate trustee or submissions regarding their authority to proceed with this Application in the absence of such a certificate by August 28, 2015. I cautioned that, if they did not do so, the Tribunal might deem the Application as abandoned and dismiss it on that basis.
5Neither the applicant's daughter nor any other representative of the applicant's estate has filed the required materials nor communicated with the Tribunal in any way.
order
6In the above circumstances, the Application is dismissed as abandoned.
Dated at Toronto, this 2nd day of September, 2015.
"Signed By"
Jo-Anne Pickel
Vice-chair