HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Francisco Romero Astorga
Applicant
-and-
Her Majesty the Queen in Right of Ontario as represented by
The Ministry of Community Safety and Correctional Services
Respondent
INTERIM DECISION
Adjudicator: Josée Bouchard
Indexed as: Astorga v. Ontario (Community Safety and Correctional Services)
WRITTEN SUBMISSIONS
Francisco Romero Astorga, Applicant
Shane Martinez, Counsel
Her Majesty the Queen in Right of Ontario as represented by the Ministry of Community Safety and Correctional Services, Respondent
Lynette D’Souza, Counsel
INTRODUCTION
1This Interim Decision addresses the request by the applicant’s counsel to proceed with this Application in the absence of a Certificate of Appointment of Estate Trustee (“Certificate”).
2The applicant’s counsel, Shane Martinez, filed this Application alleging that the respondent discriminated against the applicant with respect to goods, services and facilities because of his place of origin and disability contrary to the Human Rights Code, R.S.O. 1990, c. H.19, as amended. Specifically, Mr. Martinez claims that the applicant’s place of origin and disability were factors in the inadequate care provided to him before he died. The Tribunal advised Mr. Martinez that he must obtain a Certificate if he wishes to proceed with the Application.
3Mr. Martinez filed a copy of a certificate appointing Esteban Romero Astorga with a broad power of attorney (“the broad power of attorney”) over the estate of his late brother Francisco Romero Astorga.
4The respondent filed a response, maintaining that the broad power of attorney is not a Certificate of Appointment of Estate Trustee with or without a will as requested by the Tribunal. The respondent argues that the Tribunal’s direction in its letter dated July 4, 2017 has not been complied with and the Tribunal remains without jurisdiction to proceed with the Application.
FINDING
5The Tribunal will not proceed with the processing of the Application without a Certificate of Appointment of Estate Trustee confirming who is appointed to act on behalf of the applicant’s estate. See Donaldson v. Waters Edge Care Community, 2017 HRTO 137.
6The Tribunal has no way of confirming that the broad power of attorney sent by the applicant’s counsel is a valid legal document.
7A Certificate of Appointment of Estate Trustee is a document issued by a court that proves the authority of the estate trustee to act on behalf of the estate. While there is no reason to doubt that the broad power of attorney filed by Mr. Martinez is valid, the Tribunal must establish consistent processes that apply to all cases that come before it. By requiring a Certificate, the Tribunal ensures that in all cases the person seeking to represent a party’s estate in fact has the authority to act on behalf of the estate as a trustee.
ORDER
8For the reasons set out above, Mr. Martinez must obtain a Certificate of Appointment of Estate Trustee if he wishes to proceed with this Application. Within 14 days of this Interim Decision, Mr. Martinez must confirm with the Tribunal, copying the respondent, whether he intends to obtain a Certificate. If he does not intend to obtain a Certificate or does not confirm his decision with the Tribunal within 14 days of this Interim Decision, the Application may be dismissed as abandoned. If Mr. Martinez does confirm with the Tribunal that he intends to seek a Certificate, the Tribunal will set a deadline for the filing of the Certificate.
9I am not seized of this matter.
Dated at Toronto, this 4th day of August, 2017.
“Signed by”
Josée Bouchard
Vice-chair