Harold v. Rol-land Farms, 2010 HRTO 375

1In a letter dated February 3, 2009, counsel for the applicant advised the Tribunal that the parties settled this matter, but that the respondent was subsequently placed in court protection under the Companies Creditors Arrangement Act, R.S.C. 1985, c. C-36, as amended ("CCAA"). Accordingly, the terms of the settlement could not be implemented. Counsel stated that his client did not want to discontinue the Application nor submit the terms of the settlement to the Tribunal at the time. He requested that the matter be held in abeyance until the CCAA matter was resolved.

2In an Interim Decision dated February 6, 2009, 2009 HRTO 138, the Tribunal stated that, given the circumstances, the Tribunal would not take further steps in the matter for a period of up to one year unless contacted by the parties. The Tribunal stated that if the applicant did not communicate with the Tribunal by February 5, 2010, the Application could be dismissed as withdrawn.

3It is now past February 5, 2010, and the Tribunal has not received any communication from the applicant. Given these circumstances, the Tribunal dismisses the Application as withdrawn.