HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Patricia Borean
Applicant
-and-
Talhin/T Corporation – Plastics Division
Respondent
INTERIM decision
Adjudicator: Ena Chadha
Indexed as: Borean v. Talhin/T Corporation
1The applicant filed this Application on December 4, 2009, under section 34 of the Ontario Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”).
2The respondent filed a Response on March 30, 2010.
3On November 9. 2010, counsel for the respondent wrote the Tribunal and advised that counsel was no longer representing the respondent because the respondent was in receivership. Counsel attached a copy of receivership Order dated June 22, 2010 issued by the Ontario Superior Court of Justice.
4Paragraphs 8 and 9 of the receivership state that all proceedings against the respondent are stayed pending further court order:
THIS COURT ORDERS that no proceeding or enforcement process in any court or tribunal (each a “Proceeding”) shall be commenced or continued against the Receiver except with the written consent of the Receiver or with leave of this Court.
THIS COURT ORDERS that no proceeding against or in respect to 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.
5It therefore appears that this Application cannot proceed against the respondent at this time.
6As such, if the applicant wishes to pursue this Application she must either bring a motion in the Superior Court to lift the stay or reach an agreement with the Receiver with respect to her claims within 60 days of the date of this Interim Decision. The applicant is directed to advise the Tribunal of her 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.
7I am not seized of this matter.
Dated at Toronto, this 8th day of December, 2010
“Signed by”
Ena Chadha
Vice-chair