Human Rights Tribunal of Ontario
B E T W E E N:
Erica Matheson Applicant
-and-
Smurfit Stone Container Canada Inc. and Carolyn McDermott Respondents
DECISION
Adjudicator: Brian Eyolfson Date: July 8, 2010 Citation: 2010 HRTO 1497 Indexed as: Matheson v. Smurfit Stone Container Canada
1This is a Decision in respect of an Application filed on November 18, 2008, under section 34 of Part IV of the Human Rights Code, R.S.O. 1990, c. H.19, as amended.
2In a previous Interim Decision, 2009 HRTO 1080, the Tribunal held that the Application could not proceed against the organizational respondent without leave of the Superior Court of Justice (the “Court”), or consent of the respondent, in light of an Order of the Court staying proceedings pursuant to the Companies’ Creditors’ Arrangement Act, R.S.C. 1985, c. C-36. The Tribunal noted that, as it was clear consent would not be given, the applicant would need to seek leave of the Court in order to proceed with the Application.
3In a second Interim Decision, 2009 HRTO 1528, the Tribunal held that the Application could also not proceed against the individual respondent without leave of the Court, or consent of the respondents. The Tribunal noted that the stay was extended to September 30, 2009, and directed the respondents to advise the applicant and the Tribunal whether the stay had been further extended by October 9, 2009. The Tribunal also held that if the stay was extended, the applicant would have until November 9, 2009, to advise the Tribunal whether she had obtained leave of the Court to proceed with the Application, and, if she did not do so, the Application may be dismissed as abandoned.
4On September 28, 2009, the respondents advised the applicant and the Tribunal that the stay had been extended until December 24, 2009. To date, the applicant has not advised the Tribunal whether she obtained leave of the Court to proceed with the Application, as directed by the Tribunal, nor has she otherwise communicated with the Tribunal.
5In the circumstances, the Tribunal deems the Application abandoned and it is accordingly dismissed.
Dated at Toronto, this 8th day of July, 2010.
“Signed by”
________________________________ Brian Eyolfson Vice-chair