The Estate of Kulmiye Aganeh v. Mental Health Centre Penetanguishene, 2015 HRTO 361

Human Rights Tribunal of Ontario

B E T W E E N:

The Estate of Kulmiye Aganeh

Applicant

-and-

Mental Health Centre Penetanguishene

Respondent

-and-

Ontario Human Rights Commission

Intervenor

INTERIM DECISION

Adjudicator: Douglas Sanderson

Date: March 23, 2015

Citation: 2015 HRTO 361

Indexed as: Aganeh v. Mental Health Centre Penetanguishene

WRITTEN SUBMISSIONS

The Estate of Kulmiye Aganeh, Applicant

Julian Roy, Counsel

1This is an Application filed under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the "Code"), alleging discrimination with respect to goods, services and facilities because of race, colour, ancestry, ethnic origin, disability and creed.

Request to Reactivate

2In a previous Interim Decision, 2011 HRTO 2280, the Tribunal deferred this Application pending the conclusion of a coroner's inquest. On February 13, 2015, the applicant filed a Request to reactivate the Application under Rule 14.3. The applicant submitted that the coroner's inquest has concluded and the Coroner's Jury rendered its Verdict and Recommendations on December 19, 2014. The respondents did not respond to the Request and the time for doing so has passed.

3In the circumstances, the request to proceed is granted.