Quaranta v. Criveller Candies Canada, 2011 HRTO 1681

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

David Quaranta Applicant

-and-

Trustee In Bankruptcy for the Estate of David Giuseppe Quaranta Trustee In Bankruptcy

-and-

1264359 Ontario Limited o/a Criveller Candies Canada Respondents

DECISION

Adjudicator: Mark Hart Date: September 13, 2011 Citation: 2011 HRTO 1681 Indexed as: Quaranta v. Criveller Candies Canada

1This is an Application made under s. 53(5) of the Ontario Human Rights Code, R.S.O. 1990, c. H.19.

2This matter was scheduled to proceed to mediation in Niagara Falls on May 5, 2011.

3On March 14, 2011, the Tribunal received correspondence from the Trustee in Bankruptcy for the Estate of David Giuseppe Quaranta (the "Trustee") advising that the applicant had filed an assignment in bankruptcy on August 31, 2010. The Trustee referenced this proceeding against the respondents and noted that, pursuant to s. 67 of the Bankruptcy and Insolvency Act, R.S.C. 1985, c. B.3, all property of the bankrupt vests in the Trustee. The Trustee accordingly requested information as to the status of this matter.

4On April 11, 2011, this Tribunal sent correspondence to the parties and the Trustee advising of the scheduled mediation and asking the applicant and/or the Trustee to advise whether they still intended to proceed with the scheduled mediation.

5On April 26, 2011, the Tribunal received correspondence from the applicant's former counsel, advising that she was no longer representing the applicant. No response was received by this Tribunal from the applicant and/or the Trustee regarding the scheduled mediation.

6On April 28, 2011, the Tribunal sent out a further letter to the parties, advising that, as no response had been received from the applicant and/or the Trustee regarding their intention to proceed with the scheduled mediation, the mediation was cancelled. The Tribunal afforded the applicant and/or the Trustee with one final opportunity to advise in writing within 14 days whether either of them still intended to proceed with this Application. If the applicant intended to proceed, the Tribunal directed that he also make submissions regarding his authority to do so in light of his declaration of bankruptcy. The parties were advised that if the Tribunal did not receive any such material from either the applicant or the Trustee within this timeframe, the Application would be dismissed as abandoned.

7On May 12, 2011, the Tribunal received correspondence from the applicant requesting further time to obtain new legal representation. By letter dated May 13, 2011, the Tribunal granted the applicant an extension to June 10, 2011.

8On June 10, 2011, the Tribunal received further correspondence from the applicant indicating that he had retained counsel who had been in touch with respondents' counsel and that an agreement had been reached. Accordingly, the applicant requested additional time.

9On June 30, 2011, the Tribunal wrote again to the parties to state that if an agreement between the parties had been reached, the parties were to file a Form TR-10 (Confirmation of Settlement) or a withdrawal of the Application, as the case may be. If the applicant is purporting to resolve this matter on his own behalf, the Tribunal further directed that he was to provide the Trustee's consent or submissions regarding his authority to do so. In the circumstances, the Tribunal stated that it would hold this matter in abeyance until August 1, 2011, by which date the Tribunal expected the aforementioned documentation to be filed or a status report from the parties.

10When no documentation or correspondence was received by this Tribunal by August 1, 2011, Tribunal staff contacted new counsel for the applicant, who advised that the matter had been settled. However, when Tribunal staff contacted respondents' counsel, counsel advised that the applicant had agreed to withdraw the Application.

11By Case Assessment Direction ("CAD") dated August 24, 2011, I expressed my view to the parties that this matter had been in abeyance for far too long and that, at this point, the matter either had been settled or it hadn't. If this matter had in fact settled, then I directed the applicant to either file a Form TR-10 (Confirmation of Settlement) or a letter indicating that he was withdrawing the Application within 14 calendar days of the date of the CAD. If this matter had not settled and the applicant intended to proceed with the Application, then within 14 calendar days of the date of the CAD I directed him to serve on the respondents and the Trustee and file with the Tribunal a letter indicating his intention to proceed and setting out how and why he is authorized to do so despite having filed for personal bankruptcy. If the Trustee or the respondents have any submissions they wish this Tribunal to consider, they similarly were directed to serve and file any such submissions within the same 14 days.

12I further advised the parties that, in the event that documentation confirming that this matter had been settled or withdrawn and/or submissions from the applicant and/or Trustee regarding either of their intention to proceed with this matter had not been received within 14 calendar days of the date of the CAD, this matter would be dismissed as abandoned.

13The 14-day period from the date of the CAD expired on September 7, 2011, with no material received either from the applicant or the Trustee. Accordingly, this Application is dismissed as abandoned.