Malika Mounir v. Brampton Neighbourhood Resource Centre and Anthony Hutchinson, 2011 HRTO 1964

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Malika Mounir

Applicant

-and-

Brampton Neighbourhood Resource Centre and Anthony Hutchinson

Respondents

INTERIM DECISION

Adjudicator: Ken Bhattacharjee

Date: October 31, 2011

Citation: 2011 HRTO 1964

Indexed as: Mounir v. Brampton Neighbourhood Resource Centre

APPEARANCES BY

Malika Mounir, Applicant ) Richard Miller, Counsel

Anthony Hutchinson, Respondent ) Self-represented

Brampton Neighbourhood ) No one appearing

Resource Centre, Respondent )

1The purpose of this Interim Decision is to address the failure of the organization respondent to appear for the continuation of the hearing.

2The organization respondent appeared on previous hearing dates on June 29 and 30, 2010, and January 26, 2011.

3On September 7, 2011, the Tribunal issued a Notice of Confirmation of Continuation of Hearing to the parties, which informed them that the hearing was scheduled to continue on October 31 and November 1 and 2, 2011.

4The applicant and the individual respondent appeared for the hearing on October 31, 2011, but the organization respondent did not. The organization respondent did not contact the other parties or the Tribunal prior to the continuation of the hearing to explain why it would not be appearing.

5The applicant and the individual respondent informed the Tribunal that the organization may not longer be operating and may be insolvent, but had no definitive information to that effect.

6I expressed my concern that if the organization respondent is insolvent, proceedings under the Human Rights Code, R.S.O. 1990, c. H.19, as amended, against the organization respondent may be stayed pursuant to s. 69 of the Bankruptcy and Insolvency Act, R.S.C. 1985, c. B-3, as amended, which 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.

7Accordingly, the Tribunal makes the following orders:

(a) The organization respondent, or any applicable receiver or trustee that receives this Interim Decision, shall immediately inform the Tribunal and the other parties in writing, with supporting documentation, what the current status of the organization respondent is, and whether or not a stay is in effect with respect to the proceeding before this Tribunal against the organization respondent.

(b) The applicant and the individual respondent shall immediately take reasonable and diligent steps to determine the status of the organization respondent, and advise the Tribunal accordingly.