Keating v. CPI Plastics Group Ltd., 2009 HRTO 298

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: Andrew M. Diamond

Date: March 13, 2009

Citation: 2009 HRTO 298

Indexed as: Keating v. CPI Plastics

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. The respondents have not, to date, filed a Response to the Application.

2A mediation was scheduled for March 11, 2009. However, none of the parties attended at the scheduled mediation.

3On being contacted by telephone, the applicant advised that he had not received notice of the mediation and he is currently working in Windsor, Ontario.

4The Tribunal has been advised that, on January 8, 2009, the corporate respondent was ordered into receivership pursuant to sections 47 (1) of the Bankruptcy and Insolvency Act, R.S.C. 1985, c. B-3 as amended (the “BIA”) and section 101 of the Courts of Justice Act, R.S.O. 1990, c. C.43 as amended (the “Receivership Order”). Deloitte & Touche was appointed as interim receiver and receiver manager.

5The Tribunal has reviewed the Receivership Order and is satisfied it contains provisions staying any proceedings against the respondents. This Application is therefore stayed pending leave of the Ontario Superior Court of Justice (Commercial List) or consent of the Receiver.

6The applicant is directed to provide a copy of his Application and this Interim Decision to counsel for the Receiver, Tony Reyes of Ogilvy Renault at Suite 3800, P.O. Box 84, Royal Bank Plaza, South Tower, 200 Bay Street, Toronto, M5J Z2Y within five days of the date of this Interim Decision.

7If the applicant wishes to pursue his Application he must either bring a motion in the Superior Court to lift the stay or reach an agreement with the receiver with respect to his claim within 60 days of the date of this Interim Decision. The applicant is directed to provide the Tribunal with his current contact information and to advise the Tribunal of his intentions in writing within 30 days of the date of this Interim Decision. If the applicant fails to do so the Tribunal may deem the Application abandoned and close its file.