Anthony Keating v. CPI Plastics Group Ltd. and Myles Thompkins, 2009 HRTO 1173

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Anthony Keating

Applicant

-and-

CPI Plastics Group Ltd. and Myles Thompkins

Respondents

INTERIM DECISION

Adjudicator: Kaye Joachim

Date: July 30, 2009

Citation: 2009 HRTO 1173

Indexed as: Keating v. CPI Plastics Group

INTRODUCTION

1This is an Application filed under s.53(3) of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), alleging discrimination in employment on the basis of disability. By Interim Decision 2009 HRTO 298, the Tribunal advised the applicant that as a result of a Receivership Order this Application is stayed against the respondents. The applicant has indicated that he no longer wishes to proceed against the corporate respondent, CPI Plastics Group Ltd., but wishes to continue the Application against the personal respondent, Myles Thompkins. The Tribunal sought submissions from Mr. Thompkins on the applicant’s request to continue the Application against him personally. Mr. Thompkins did not provide any submissions.

2The Tribunal has reviewed the Receivership Order and is satisfied it contains provisions staying any proceedings against the corporate respondent, but does not appear to stay this Application against the personal respondent, Myles Thompkins. Accordingly, the Tribunal will schedule a Case Resolution Conference in this Application as against Myles Thompkins.

3For greater certainty, the effect of the Receivership Order means that any findings the Tribunal may make against Myles Thompkins do not bind the corporate respondent and the applicant may not assert any liability against the corporate respondent as a result of any findings of the Tribunal against Myles Thompkins.

4As the applicant has withdrawn his allegations against the corporate respondent, the Application against CPI Plastics Group Ltd. is dismissed.