Victoria Comeau v. 1703381 Ontario Inc., 1338310 Ontario Inc., 1372715 Ontario Inc. and Lisa Graycheski, 2009 HRTO 1886

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Victoria Comeau

Applicant

-and-

1703381 Ontario Inc., 1338310 Ontario Inc., 1372715 Ontario Inc. and Lisa Graycheski

Respondents

INTERIM DECISION

Adjudicator: Kaye Joachim Date: November 6, 2009 Citation: 2009 HRTO 1886 Indexed as: Comeau v. 1703381 Ontario

INTRODUCTION

1This is an Application filed on December 31, 2008 under section 53(3) of Part VI of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”).

2In a prior Interim Decision, 2009 HRTO 1698, the Tribunal directed the respondents, 1703381 Ontario Inc. and 1338310 Ontario Inc. to file a Response. They have not done so.

3The Tribunal has been advised by KPMG Inc. that they are the Trustee in Bankruptcy in respect of 1372715 Ontario Inc. o/a Niagara Shoe Manufacturing. They also advised that Michael Klemm was a director/officer of the above company and two further numbered corporations: 1703381 Ontario Inc. and 1338310 Ontario Inc., both of which previously operating as Niagara Shoe Factory Outlet retail stores.

4Retail shoe stores are still operating at those locations, under the name Brand Shoe Warehouse. The Tribunal has received correspondence from Mike Klemm on behalf of Brand Name Shoe Warehouse.

5After receiving Interim Decision 2009 HRTO 1698, Mr. Klemm wrote to the Tribunal advising that he is not an employee, director or officer of either 1703381 Ontario Inc. or 1338310 Ontario Inc. He also advised that 1338310 Ontario Inc. is dormant, and with respect to 1703381 Ontario Inc., he referred the Tribunal to the Trustee in Bankruptcy for 1372715 Ontario Inc.

6As there is a stay of proceedings against 1372715 Ontario Inc., the Tribunal may not proceed against it. The applicant has 30 days to advise the Tribunal she has applied to the Bankruptcy Court to have the stay lifted or the Tribunal will treat the Application as against 1372715 Ontario Inc. as abandoned.

7It is apparent that the respondents, 1703381 Ontario Inc. and 1338310 Ontario Inc. do not intend to file a Response or participate further in these proceedings. In these circumstances, the applicant is directed to advise the Tribunal within 30 days whether she wishes to make oral submissions, in person or by telephone, in respect of the allegations as against 1703381 Ontario Inc. and 1338310 Ontario Inc. or is content to have the Tribunal determine the issues in dispute on the basis of the materials already before it. If she wishes to proceed on the basis of written submissions, the applicant may file any additional materials with the Tribunal within 30 days of the date of this Interim Decision.

8I am not seized.