HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Kim McVeety
Applicant
-and-
Glenile Electric Ltd. and Nile Baker
Respondents
interiM DECISION
Adjudicator: Alison Renton
Indexed as: McVeety v. Glenile Electric
1This is an Application filed on August 20, 2010 under section 34 of Part IV of the Human Rights Code, R.S.O. 1990, c.H.19 as amended (the “Code”). The Application alleges that the applicant was discriminated against in employment on the grounds of sex including sexual harassment and sexual solicitation or advances.
2The respondents have failed to provide a Response within the time period required by the Tribunal’s Rules of Procedure. A letter dated September 10, 2010 from J.P. Graci & Associates Ltd., Trustee in Bankruptcy and Receiver Manager (“the Trustee”), was sent to the Tribunal. The letter attached several documents including a Notice of Bankruptcy and First Meeting of Creditors signed by Joseph Paul Graci on April 1, 2010 which states that the respondent Glenile Electric Ltd. was deemed bankrupt on March 30, 2010 and that the personal respondent filed an assignment in bankruptcy on April 28, 2010.
3It is not clear that the Trustee provided a copy of its letter and enclosures to the applicant. The Tribunal will forward a copy of these materials to the applicant’s counsel and provide the applicant with an opportunity to file submissions in response. The applicant’s submissions should address the issue of whether her Application can proceed or is stayed (prevented from proceeding) in light of the information provided by the Trustee.
4According to the material sent to the Tribunal by the Trustee, the respondents have declared bankruptcy. The Tribunal has determined in a number of decisions that section 69 of the Bankruptcy and Insolvency Act, R.S.C. 1985, c. B-3, as amended (the “BIA”), stays applications filed with the Tribunal from proceeding against a respondent who has been determined to be bankrupt under the BIA. See, for example, Trowell v. 6286160 Canada, 2010 HRTO 859. Tribunal decisions are accessible at www.canlii.org. Under these circumstances, the Tribunal has determined that an applicant must have the stay lifted or take other steps to enable an application to proceed within a specific timeframe otherwise the Tribunal will deem the application to be abandoned.
5The applicant is required to provide her submissions within 14 days of the date of this Interim Decision.
6I am not seized with this matter.
Dated at Toronto, this 10th day of November, 2010.
“Signed by”
Alison Renton
Vice-chair