Carrillo v. Amore Food Group, 2010 HRTO 1417

Human Rights Tribunal of Ontario

Between:

Ritha Carrillo Applicant

-and-

Amore Food Group, Nadjeda Glebova and Valeria Edelenji Respondents

And Between:

Ritha Carrillo Applicant

-and-

Amore Food Group, Nadjeda Glebova and Valeria Edelenji Respondents

Interim Decision

Adjudicator: Brian Eyolfson Date: June 28, 2010 Citation: 2010 HRTO 1417 Indexed as: Carrillo v. Amore Food Group

Interim Decision

1This Interim Decision addresses correspondence received on behalf of AFC Food Group Inc., indicating that it was dissolved under bankruptcy, and provides further directions.

2The applicant filed two Applications under the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the "Code"), alleging discrimination in employment. The first Application (T-0376-08) was initially filed as a complaint to the Ontario Human Rights Commission in May 2008 and then filed with the Tribunal under s. 53(3) of the Code on October 15, 2008. The second Application (2008-00606-I) was filed with the Tribunal on October 17, 2008, and also alleges reprisal or threat of reprisal. Both Applications named Amore Food Group, Nadia Deeb and Valeria Edelenji as respondents.

3In an earlier Interim Decision, 2009 HRTO 1335, the applicant's Request that the two Applications be heard together was granted. In addition, the applicant's request that the Application be amended to name Nadjeda Glebova, and not Nadia Deeb, as an individual respondent was granted.

4On January 15, 2010, the Tribunal received correspondence, copied to the applicant, from a Human Resources Consultant retained by AFC Food Group Inc. to notify certain interested parties that the business was dissolved under bankruptcy and is no longer in operation. Attached to the correspondence is an Order of the Superior Court of Justice (the "Court"), dated November 13, 2009, appointing a Receiver pursuant to s. 243(1) of the Bankruptcy and Insolvency Act, R.S.C. 1985, c. B-3, as amended. The Order also states, among other things, as follows:

... no Proceeding against or in respect of the Debtor or the Property shall be commenced or continued except with the written consent of the Receiver or with leave of this Court and any and all Proceedings currently under way against or in respect of the Debtor or the Property are hereby stayed and suspended pending further Order of this Court.

5In the circumstances, the applicant is directed to advise the Tribunal, in writing, if she intends to pursue these Applications within 20 days of the date of this Interim Decision. If the applicant intends to seek leave of the Court to lift the stay, she must do so within 60 days of the date of this Interim Decision. If the applicant does not advise the Tribunal of her intentions within 20 days of the date of this Interim Decision, the Application may be dismissed as abandoned.

6There is a question as to whether the individual respondent, Nadjeda Glebova, has received notice of these proceedings and whether the individual respondent, Valeria Edelenji, has continued to receive notice of these proceedings. The applicant provided the organizational respondent's address as the address for service for all of the respondents. The Tribunal received a Response to Application File Number 2008-00606-I filed by the organizational respondent's contact person, on behalf of the organizational respondent (indicating its name is AFC Food Group) and Valeria Edelenji; however, it appears that the Tribunal has not received a Response to Application File Number T-0376-08 and the respondents have not complied with the Tribunal's direction and request in its earlier Interim Decision to either file or re-file their Response(s).

7Should the applicant intend to pursue these Applications as against the individual respondents, the applicant must also, within 20 days of the date of this Interim Decision, provide to the Tribunal, in writing, alternate addresses for service of the individual respondents, or otherwise take appropriate steps, including any steps pursuant to the Tribunal's Rules of Procedure, to ensure that the individual respondents can be provided with notice of the proceedings.

8I am not seized.