Mak v. Manulife Financial, 2017 HRTO 1572

Human Rights Tribunal of Ontario

B E T W E E N:

Lena Mak Applicant

-and-

Manulife Financial Respondent

DECISION

Adjudicator: Jo-Anne Pickel Date: November 29, 2017 Citation: 2017 HRTO 1572 Indexed as: Mak v. Manulife Financial

1The applicant filed an Application alleging that the respondent violated Human Rights Code, R.S.O. 1990, c. H. 19, as amended.

2In Interim Decision 2016 HRTO 373, the Tribunal deferred consideration of the Application pending the conclusion of the OmbudService for Life and Health Insurance proceeding in this matter.

3By letter dated October 18, 2017, the Tribunal instructed the applicant’s estate to inform the Registrar in writing within 30 days whether the other proceeding remained ongoing and, if possible, to indicate when the applicant expected it to be completed. In the letter, the Tribunal warned the applicant’s estate that the Tribunal might dismiss the Application as abandoned if they did not provide the requested information by the requested date.

4The Tribunal sent the October 18, 2017 letter to the applicant’s estate c/o her spouse by mail and email to the mail address provided in the Application and the email address used by the applicant’s spouse to correspond with the Tribunal in the past.

5The applicant’s estate has not responded to the Tribunal’s correspondence and the time for doing so has passed.

6In the circumstances, the applicant’s estate is deemed to have abandoned the Application.

ORDER

7For the reasons set out above, the Application is dismissed.