John Silva v. InterTan Canada Ltd., 2009 HRTO 2276

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

John Silva

Applicant

-and-

InterTan Canada Ltd.,

Ajay Jassal, Will Devellis and Jane Little

Respondents

INTERIM DECISION

Adjudicator: Mark Hart

Date: December 30, 2009

Citation: 2009 HRTO 2276

Indexed as: Silva v. InterTan Canada

1This is an Application made under s. 53(5) of the Ontario Human Rights Code, dated June 15, 2009. The underlying complaint was filed with the Ontario Human Rights Commission (the “Commission”) on October 20, 2007.

2The purpose of this Interim Decision is to address the respondents’ request for a stay and suspension of this proceeding in light of certain orders of the Superior Court of Justice made under the Companies’ Creditors Arrangements Act, R.S.C. 1985, c. C-36 as amended (the “CCAA”).

3On November 10, 2008, the corporate respondent and a related entity commenced an application under the CCAA. That same day, the Superior Court granted the corporate respondent an Initial Order under the CCAA. Paragraph 16 of the Initial Order provides among other things that:

(...) no proceeding or enforcement process in any court or tribunal (each, a “Proceeding”) shall be commenced or continued against or in respect of the Applicants or the Monitor, or affecting the Business or the Property, except with the written consent of the Applicants and the Monitor, or with leave of this Court, and any and all Proceedings currently under way against or in respect of the Applicants or affecting the Business or the Property are hereby stayed and suspended pending further Order of this Court.

4The initial stay period was to run until December 9, 2008, but was subsequently extended by various orders of the court, most recently until January 31, 2010.

5The Application clearly falls with the scope of the proceedings stayed and suspended by the Court order. Counsel for the applicant has advised that he has complied with the pre-filing claim procedure established by the Court, and further that he intends to bring a motion to the Court to lift the stay in the event that the corporate respondent does not consent to the continuation of this proceeding.

6In these circumstances, this Application is stayed and suspended until January 31, 2010 or such further time as may be extended by Court order in the CCAA proceeding, subject to any motion that the applicant may bring to lift the stay. Within 30 days of the lifting or expiration of the stay by the Court, the applicant shall advise the Tribunal and the respondents whether he intends to proceed with this Application, failing which the Application shall be deemed to have been abandoned.

7I am not seized of this matter.