Human Rights Tribunal of Ontario
B E T W E E N:
Michael Kemper
Applicant
-and-
Allprint Ainsworth Associates Inc., Doug Pharaoh and Daren Stoltz
Respondents
INTERIM DECISION
Adjudicator: Ena Chadha
Date: November 16, 2010
Citation: 2010 HRTO 2271
Indexed as: Kemper v. Allprint Ainsworth Associates
[1] This Application was filed on June 15, 2010 under section 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”) alleging discrimination with respect to employment on the basis of disability.
[2] The corporate respondent advised the Tribunal that, on February 5, 2010, it filed a Notice of Intention to Make a Proposal under the Bankruptcy and Insolvency Act (“BIA”) and that it subsequently went into bankruptcy. Both the applicant and the corporate respondent have advised the Tribunal that Faber Financial Group is appointed as Trustee of the bankruptcy. The personal respondents have also advised that the corporate respondent went bankrupt in spring 2010.
[3] The Tribunal has accepted that Code proceedings against a bankrupt respondent are stayed pursuant to section 69 of the BIA. See Rijal v. Distinctive Designs Furniture, [2009 HRTO 297](https://www.minicounsel.ca/hrto/2009/297). The applicable stay provisions of the BIA state:
69 (1) Subject to subsections (2) and (3) and sections 69.4 and 69.5 on the filing of a notice of intention under section 54.1 by an insolvent person,
(a) No creditor has any remedy against the insolvent person or the insolvent person’s property, or shall commence or continue any action, execution or other proceedings, for the recovery of a claim provable in bankruptcy,
69.3 (1) Subject to subsections (1.1) and (2) and sections 69.4 and 69.5, on the bankruptcy of any debtor, no creditor has any remedy against the debtor or the debtor’s property, or shall commence or continue any action, execution or other proceedings, for the recovery of a claim provable in bankruptcy. (emphasis added)
[4] It appears that it may be necessary to stay this Application pursuant to section 69 of the BIA. Under these types of circumstances, the Tribunal has determined that an applicant must have the stay lifted or within a specific timeframe take other steps to enable an application to proceed, otherwise the Tribunal will deem the application to be abandoned.
[5] As such, if the applicant wishes to pursue this Application he must either bring a motion in the Superior Court to lift the stay or reach an agreement with the Trustee with respect to his claims within 60 days of the date of this Interim Decision. The applicant is directed to advise the Tribunal of his intentions in writing within 14 days of the date of this Interim Decision. If the applicant fails to do so, the Tribunal may deem the Application abandoned and close its files.
[6] I am not seized.
Dated at Toronto, this 16th day of November, 2010.
”signed by”_____________
Ena Chadha
Vice-chair