David Lachance v. Ernst & Young Inc. et al., 2009 HRTO 544

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

David Lachance

Applicant

-and-

Ernst & Young Inc. in its capacity as Bankruptcy Trustee of the consolidated estates in bankruptcy of the Royal Crest Lifecare Group Inc., Extendicare (Canada) Inc., Stephanie Zajczenko-Opdam and Peter Conick

Respondents

INTERIM DECISION

Adjudicator: David A. Wright

Date: April 30, 2009

Citation: 2009 HRTO 544

Indexed as: Lachance v. Royal Crest Lifecare Group

1In a previous Interim Decision in this matter, the Tribunal found it was bound by a receivership order of the Superior Court of Justice prohibiting this Application without written consent of the Receiver or leave of that Court. The Tribunal found that the Application was stayed, and stated as follows at para. 6:

If the Applicant wishes to pursue the 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.

2The applicant was directed to advise the Tribunal of his intentions by April 17, 2009. In correspondence sent to the Tribunal, the applicant states that it is his intention to continue as against the respondents Extendicare (Canada) Inc., Stephanie Zajczenko-Opdam and Peter Conick.

3The applicant appears to have misunderstood the Tribunal’s Interim Decision. The Tribunal found that as a result of the receivership order, an Application could not be brought against any of the respondents without written consent of the receiver or leave of the Court. The order specifically prevents proceedings “in respect of the Property or businesses conducted thereon by the Bankrupt or the Receiver or Extendicare (Canada) Inc. (the “Operator”) or any of the Receiver’s agents…” For that reason, the Tribunal ordered that the entire Application was stayed.

4The applicant shall have a further fourteen days to advise the Tribunal of his intentions, failing which the Tribunal may deem the Application abandoned and close its file.

5I am not seized.