Ron Reardon v. Tracan Electronics Corporation, 2011 HRTO 1821

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Ron Reardon

Applicant

-and-

Tracan Electronics Corporation

Respondent

INTERIM DECISION

Adjudicator: Ken Bhattacharjee

Date: October 6, 2011

Citation: 2011 HRTO 1821

Indexed as: Reardon v. Tracan Electronics

1On August 9, 2011, the applicant filed an Application for Contravention of Settlement under s. 45.9(3) of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), which alleged that the respondent breached the Minutes of Settlement that the parties executed on June 15, 2011 by, among other things, failing to paying him a lump sum for general damages within 30 days.

2On August 23, 2011, the respondent filed a Response to an Application for Contravention of Settlement, which stated that on August 2, 2011, the respondent filed a Notice of intention to Make a Proposal under the Bankruptcy and Insolvency Act, R.S.C. 1985, c. B-3, as amended (the “BIA”), and that pursuant to s. 69(1) of the BIA, all proceedings against the respondent are stayed as of that date. The respondent attached a Certificate of Filing of a Notice of Intention to Make a Proposal, which was signed by an Official Receiver of the Office of the Superintendent of Bankruptcy Canada. The Certificate appears to support the respondent’s position.

3s. 69 of the BIA provides that 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.

4In my view, the Code proceedings against the respondent are stayed pursuant to s. 69 of the BIA, and the Application may not proceed against the respondent at this time.

5The applicant is directed to advise the Tribunal within one year of the date of this Interim Decision whether he has lifted the stay or taken other steps to enable his Application against the respondent to proceed. If the applicant fails to do so, the Tribunal may deem the Application abandoned and close its file.

6I am not seized of this matter.