Stephen v. Royal Ottawa Health Care Group, 2017 HRTO 1376

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Andrew Stephen Applicant

-and-

Royal Ottawa Health Care Group Respondent

DECISION

Adjudicator: Douglas Sanderson Date: October 17, 2017 Citation: 2017 HRTO 1376 Indexed as: Stephen v. Royal Ottawa Health Care Group

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 age.

2The respondent manages the Brockville Mental Health Centre. The applicant was detained in this facility under the jurisdiction of the Ontario Review Board pursuant to a finding that he was not criminally responsible on account of mental disorder on two criminal charges. The respondent informed the Tribunal that the applicant passed away. On March 7, 2017, the Tribunal issued an “Extraordinary Circumstances” letter to the applicant’s estate. The Tribunal directed the estate to 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 by March 28, 2017. The Tribunal further advised that if no estate trustee had yet been appointed, the estate may request that the Tribunal hold the Application in abeyance pending appointment of the trustee. The Tribunal also warned that it may dismiss the Application if it does not receive a response to the letter by March 28, 2017.

3On May 16, 2017, the respondent filed a letter in which it indicated that it had no knowledge that an estate administrator had been appointed for the applicant and asked that the Tribunal hold the matter in abeyance pending the appointment of an estate trustee.

4The Tribunal issued a letter on July 20, 2017, in which it advised that it would hold the matter in abeyance pending the appointment of an estate trustee until September 5, 2017. The Tribunal stated that if the estate has not provided a Certificate of Appointment of Estate Trustee by that date, or has not contacted the Tribunal, then the matter may be dismissed as abandoned.

5As of the date of this Decision the applicant’s estate has not communicated with the Tribunal. It appears that the Application has been abandoned.

6The Application is dismissed.