Estate of Kevin Wilcox v. Samuel Son & Company, 2015 HRTO 1424

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Estate of Kevin Wilcox

Applicant

-and-

Samuel Son & Company

Respondent

DECISION

Adjudicator: Brian Eyolfson Date: October 23, 2015 Citation: 2015 HRTO 1424 Indexed as: Wilcox Estate v. Samuel Son & Company

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 29, 2014.

2By Case Assessment Direction dated February 11, 2015, the Tribunal held this matter in abeyance while the applicant's Estate prepared an Application for a Certificate of Appointment of Estate Trustee.

3On July 30, 2015, the Tribunal wrote to the applicant's Estate requiring that it inform the Tribunal as to whether the process of seeking a Certificate of Appointment of Estate Trustee was still ongoing and, if possible, when it was expected to be completed, within 30 days of the date of the Tribunal's letter. The Tribunal's letter indicated that if the Estate failed to do so, the Tribunal may dismiss the Application as abandoned. The Tribunal did not receive a response to its July 30, 2015 letter to the applicant's Estate.

4On August 31, 2015, the Tribunal re-issued its July 30, 2015 letter to the applicant's Estate, by both regular mail and email, and granted the Estate until September 14, 2015 to make submissions as directed in the Tribunal's July 30, 2015 letter.

5To date, the applicant's Estate has not responded to the Tribunal's July 30 and August 31, 2015 correspondence. The Tribunal's correspondence was delivered to counsel for the applicant's Estate and has not been returned as undeliverable.

6In the circumstances, the Application is deemed to have been abandoned and the Application is dismissed.