Morley v. Paramed Home Health Care, 2016 HRTO 596

Human Rights Tribunal of Ontario

B E T W E E N:

Bentley Morley

Applicant

-and-

Paramed Home Health Care, a division of Extendicare (Canada) Inc.

Respondent

DECISION

Adjudicator: Naomi Overend Date: May 4, 2016 Citation: 2016 HRTO 596 Indexed as: Morley v. Paramed Home Health Care

1The applicant filed an Application under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19 as amended, on November 7, 2015.

2A summary hearing is scheduled in this case to take place on June 27, 2016. However, the Tribunal was advised that the applicant passed away. On March 31, 2016, the Tribunal wrote to the estate of the applicant at the address listed in the Application. The text of that letter is reproduced here:

The applicant filed this Application with the Human Rights Tribunal of Ontario (HRTO). The HRTO understands that the applicant is now deceased.

In these circumstances, the HRTO requires confirmation of who is authorized to act on behalf of the estate. The HRTO has found that it does not have authority to proceed with an Application without the appointment of an estate trustee (see Denham v. Hamilton Health Sciences Volunteer Association, 2012 HRTO 858.)

The estate should provide 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. This must be filed with the Registrar (and delivered to the other parties to the Application) no later than April 22, 2016.

If no estate trustee has yet been appointed you may request that the HRTO hold the Application in abeyance pending appointment of the trustee.

If you are seeking to continue this Application in the absence of a certificate confirming the appointment of an estate trustee, please provide submissions by April 22, 2016 as to why the Application should proceed in the absence of such an appointment.

… If no response to this letter is received by April 22, 2016 the HRTO may deem the Application to be abandoned and dismiss it on that basis.

3To date, there has been no response to the March 20, 2016 correspondence. In the circumstances, the Application is deemed to have been abandoned.

4The Application is dismissed.