Sweeney v. Timmins Martelle Heritage Consultants Incorporated, 2016 HRTO 361

Human Rights Tribunal of Ontario

B E T W E E N:

John Sweeney Applicant

-and-

Timmins Martelle Heritage Consultants Incorporated Respondent

INTERIM DECISION

Adjudicator: Dawn J. Kershaw Date: March 22, 2016 Citation: 2016 HRTO 361 Indexed as: Sweeney v. Timmins Martelle Heritage Consultants Incorporated

Introduction

1This is an Application under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19 as amended (the "Code"), in which the applicant alleged that the respondent infringed his rights under the Code.

2By letter dated December 4, 2015, counsel for the applicant advised the Tribunal that the applicant had passed away two weeks prior. Counsel advised he expected to get instructions to proceed with the Application.

3On December 8, 2015, the Tribunal wrote to the applicant's lawyer seeking confirmation as to whether an estate trustee had been appointed who was authorized to act on behalf of the estate with respect to the Application. The Tribunal asked that counsel file with the Tribunal by January 12, 2016 a copy of the certificate of appointment of estate trustee with or without a will that authorizes the trustee to act on behalf of the estate. The Tribunal also alerted the parties to the fact that the Tribunal has held that it has no authority to proceed with an Application filed on behalf of an applicant who is deceased, without the appointment of an estate trustee: Denham v. Hamilton Health Sciences Volunteer Association, 2012 HRTO 858.

4By letter dated January 11, 2016 and Form 10 Request for an Order During Proceedings, filed on January 22, 2016, counsel for the applicant requested that the Tribunal hold the Application in abeyance pending the appointment of an estate trustee.

5The respondent filed no Form 11 Response to a Request for an Order, and the time for providing one has now elapsed.

6In the circumstances of this case and in the absence of any objection by the respondent, I find it appropriate to direct that the Application be held in abeyance for four (4) months from the date of this Interim Decision (i.e. until July 22, 2016), while the necessary steps to appoint an estate trustee are taken. If the Tribunal receives no communication from the estate or the applicant's counsel within four months from today's date, the Application may be dismissed as abandoned.