HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Mohamod Rijal

Applicant

-and-

Distinctive Designs Furniture Inc., Benny Manasseri, Joe Sammut

and Jim Moore

Respondents

INTERIM DECISION

Adjudicator: David Muir

Date: December 10, 2008

Citation: 2008 HRTO 386

Indexed as: Rijal v. Distinctive Designs Furniture

1This is an Application filed November 12, 2008 under section 53(3) of Part VI of the Human Rights Code, R.S.O. 1990, c. H.19 as amended (the "Code"). The Tribunal scheduled mediation on February 12, 2009. The respondents filed a Response on December 5, 2008.

2The purpose of this decision is to issue case management directions with respect to the Application.

Stay of Application

3The respondents indicate that the corporate respondent has made a proposal to creditors under section 50 of the Bankruptcy and Insolvency Act, R.S., 1985, c. B-3, as amended (the "BIA"), and, pursuant to section 69 of that Act, there is an automatic stay of proceedings against the corporate respondent which includes human rights applications. Accordingly the respondents seek a stay of the Application as against the corporate respondent.

[4] The expectation is that most section 53(3) applications will be scheduled for mediation prior to the hearing and determination of preliminary matters. However, the Tribunal retains the discretion to control its process and will hear preliminary requests prior to the mediation in appropriate circumstances. Rule 4.1 provides that the Tribunal may exercise any of its powers under these Rules on its own initiative. Rule 4.3(d) provides that the Tribunal may determine and direct the order in which issues in a proceeding will be considered and determined.

5As a result, the Tribunal has determined that it is appropriate to receive submissions with respect to whether, in the circumstances, this Application should be stayed as against Distinctive Design Furniture Inc. by virtue of section 69 of the BIA.

6The Tribunal makes the following orders:

a. The mediation scheduled for February 12, 2009 is cancelled;

b. Within 20 days of the date of this decision, the respondent shall deliver to the applicant and file with the Tribunal submissions on whether this Application should be stayed as against Distinctive Design Furniture Inc. pursuant to s. 69 of the BIA;

c. Within 20 days of receipt of the respondent's submissions, the applicant shall deliver to the respondent and file with the Tribunal a response to the respondent's submissions;

d. Within 10 days of receipt of the applicants' submissions, the respondents may deliver and file their reply.

7The Tribunal may decide the preliminary issues on the basis of the written submissions. If oral submissions are required, the Tribunal will contact the parties to set a case resolution conference.

Delivery of Application to Respondent Moore

8Counsel for the respondents has indicated that they represent all respondents except Jim Moore who has left the employ of the corporate respondent and they have no contact information for him. The applicant delivered his Application to Mr. Moore by delivery to counsel for the other respondents. Accordingly, it is likely that Mr. Moore is unaware of this Application.

9The respondent is directed to provide to the applicant and the Tribunal the last known address for Mr. Moore. The applicant is directed to make reasonable efforts to locate Mr. Moore. The Tribunal will deliver a copy of this decision to the addresses provided by the parties. In the event that these efforts are unsuccessful the Tribunal may consider whether it is appropriate that Mr. Moore be removed from this Application.

10I am not seized of this matter.