Sammy Johnson v. Smurfit Stone Container Corporation, 2010 HRTO 645

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Sammy Johnson

Applicant

-and-

Smurfit Stone Container Corporation

Respondent

interim DECISION

Adjudicator: David Muir

Date: March 24, 2010

Citation: 2010 HRTO 645

Indexed as: Johnson v. Smurfit Stone Container

1This is an Application filed on March 23, 2009 pursuant to section 53(5) of Part IV of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”).

2The respondent company submits that the Application is stayed or suspended pursuant to Orders made by the Ontario Superior Court of Justice under the Companies’ Creditors Arrangement Act, R.S.C. 1985, c. C-36 (the “CCAA”).

3In the circumstances, the Tribunal in a previous Interim Decision, 2009 HRTO 2093, requested that the applicant provide his submissions, if any, with respect to the issues raised by the respondent within 30 days. Alternatively, if the applicant agreed that the CCAA order stayed his Application, he was requested to advise the Tribunal within 30 days whether he had commenced an application in the Superior Court to lift the stay so as to allow the Application to proceed, or had sought the consent of the respondent and monitor to having the Application proceed. If the applicant obtained leave of the Court to continue with his Application, he was directed to advise the Tribunal in writing within 20 days of obtaining leave. The Tribunal further advised that if the applicant failed to respond as directed above, the Tribunal may dismiss the Application as abandoned.

4The applicant provided no response at all to any of the issues raised by the respondent and addressed in the Interim Decision. In the circumstances, given the failure to respond, it appears that this Application has been abandoned. The Tribunal will dismiss the Application as abandoned unless the applicant provides written submissions to the Tribunal with respect to the issues canvassed in the Interim Decision within five days of the date of this Interim Decision.

5I am not seized of this matter.