Human Rights Tribunal of Ontario
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B E T W E E N:
Eileen Donaldson
Applicant
-and-
Waters Edge Care Community
Respondent
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DECISION
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Adjudicator: Naomi Overend
Decision Date: May 9, 2016
Indexed as: Donaldson v. Waters Edge Care Community
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1The applicant filed an Application under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19 as amended, on February 22, 2016.
2The Tribunal has since been advised that the applicant passed away. On March 11, 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 Human Rights Tribunal of Ontario has received an Application from Eileen Donaldson. The HRTO understands that the applicant is 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 4, 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 4, 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 4, 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 11, 2016 correspondence. In the circumstances, the Application is deemed to have been abandoned.
4The Application is dismissed.
Dated at Toronto, this 9th day of May, 2016.
"Signed by"
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Naomi Overend
Vice-chair