Nora Aboudaya v. Planet Organic Health Corporation, Hina Khan and Mirwan Ferris, 2010 HRTO 2083

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Nora Aboudaya

Applicant

-and-

Planet Organic Health Corporation, Hina Khan and Mirwan Ferris

Respondents

INTERIM DECISION

Adjudicator: Naomi Overend

Date: October 14, 2010

Citation: 2010 HRTO 2083

Indexed as: Aboudaya v. Planet Organic Health

1This is an Application filed under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended. There is an Initial Order of the Superior Court of Justice (the “Initial Order”) staying proceedings against Planet Organic Health Corporation pursuant to the Companies’ Creditors Arrangement Act, R.S.C. 1985, c. C-36 (“CCAA”), which provides, in part:

14. THIS COURT ORDERS that until and including May 27, 2010, or such later date as this Court may order (the “Stay Period”), no proceeding or enforcement process in any court or tribunal (each, a “Proceeding”) shall be commence or continued against or in respect of the Applicants or the Monitor, or affecting the Business or the Property, except with the written consent of the Applicants, Catalyst and the Monitor, or with leave of this Court, and any and all Proceedings currently under way against or in respect of the Applicants or affecting Business or the Property are hereby stayed and suspended pending further Order of this Court.

2Former counsel for the respondents provided the Tribunal with a copy of the Initial Order as well as new contact information for the respondents and the CCAA monitor. No party has provided submissions to the Tribunal on the impact of the Initial Order, including whether it has been extended. The parties are directed to provide these submissions by October 25, 2010. In these submissions, the parties are directed to stipulate whether they are prepared to participate in the mediation currently scheduled for November 2, 2010 at 1:30 p.m.

3I am not seized.