David Lachance v. Ernst & Young, Inc. et al., 2009 HRTO 789

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

DECISION

Adjudicator: David A. Wright

Date: June 8, 2009

Citation: 2009 HRTO 789

Indexed as: Lachance v. Royal Crest Lifecare Group Inc.

1In previous Interim Decisions in this matter, 2009 HRTO 315, 2009 HRTO 544 and 2009 HRTO 661, the Tribunal found that 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, in the first decision, 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.

2In the May 19, 2009 decision (2009 HRTO 661), the Tribunal stated that the Application would be dismissed if the applicant did not, by May 29, 2009, provide documentation showing that he had taken steps to commence a motion in Superior Court. The applicant has not provided any such documentation but rather provided copies of correspondence regarding settlement sent to the respondents’ counsel.

3For the reasons stated in the previous decisions, I find that the Tribunal may not proceed in light of the receivership order. The applicant has failed to seek the necessary leave from the Superior Court. The Application is therefore dismissed as abandoned.