Oram v. Abitibi Consolidated, 2009 HRTO 2057

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Joseph Oram

Applicant

-and-

Abitibi Consolidated Company of Canada and Communications, Energy and Paperworkers’ Union of Canada, Local 132

Respondents

INTERIM DECISION

Adjudicator: Alan Whyte

Date: November 30, 2009

Citation: 2009 HRTO 2057

Indexed as: Oram v. Abitibi Consolidated

1This is an Application under section 34 of Part IV of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), alleging discrimination on the basis of disability in employment.

2The respondent company (originally named as AbitibiBowater Inc. but amended on the basis of the respondent's submission) submits that the Application is stayed or suspended pursuant to Orders that are made by the Québec Superior Court under the Companies’ Creditors Arrangement Act, R.S.C. 1985, c. C-36 (the “CCAA”). The respondent union supports this position.

3The purpose of this Interim Decision is to provide further directions regarding the continuation of this proceeding.The company is under CCAA protection as a result of a series of Orders from the Québec Superior Court set out below. Such Orders either create or extend a stay of proceedings which affect the Tribunal, as follows:

April 17, 2009

10Orders that, until and including May 14, 2009, or such later date as the court may order (the "Stay Termination Date", the period from the date of this Order to the Stay Termination Date been referred to as the "Stay Period”) no right, legal or conventional, may be exercised and no proceeding, at law or under a contract, by reason of this Order or otherwise, however or wherever taken (collectively the "Proceedings") may be commenced or proceeded with by anyone, whether a person, firm, partnership, corporation, stock exchange, government, administration or entity exercising executive, legislative, judicial, regulatory or administrative functions (collectively, "persons" and, individually, a "person") against or in respect of the Petitioners. …and all proceedings already commenced against the Petitioners … are stayed and suspended until the Court authorizes the continuation thereof, the whole subject to the provisions of the CCAA. The company is a Petitioner within the meaning of this Order.

May 14, 2009

3extends the Stay Period (as defined in the Initial Order granted by this Court on April 17, 2009, as amended) until September 4, 2009, the whole subject to all of the other terms of the Initial Order, as amended.

September 4, 2009

2extends the Stay Period (as defined in the Initial Order granted by this Court in this matter, as amended) until December 15, 2009, the whole subject to all the other terms of the Initial Order.

3In his Reply, the applicant submitted that the existence of the above mentioned Orders should not result in the dismissal of the Application, but may justify a short delay of this matter until the company emerges from court ordered protection.

4It appears to the Tribunal that the Court’s Order, pursuant to the CCAA, has the effect of staying or suspending this proceeding.

5In the circumstances, the Tribunal shall take no further steps in this matter for a period of up to one year unless contacted by one of the parties. If the Stay Period is not extended beyond December 15, 2009 (or expires at some later date in the next 12 months), the applicant should advise the Tribunal in writing if he wishes his Application to proceed, within 20 days of the expiry of the Stay Period.

6Similarly, if the applicant obtains leave of the Court to continue with his Application, he should advise the Tribunal in writing within 20 days of obtaining leave.

7If the Stay Period is extended beyond November 30 , 2010, and the applicant wishes his Application to remain in abeyance, he should advise the Tribunal in writing. If the applicant does not communicate with the Tribunal by November 30, 2010, the Application may be dismissed as abandoned.

8The Tribunal further directs that the respondents advise the applicant in writing of any extensions to the Stay Period that may be granted by the Court in the period up to and including November 30, 2010, within 10 days of any such extension.

9I am not seized of this matter.