Vassileva v. Caratun, 2011 HRTO 2074

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Larisa Vassileva

Applicant

-and-

Victor Caratun

Respondent

INTERIM DECISION

Adjudicator: Sherry Liang

Date: November 15, 2011

Citation: 2011 HRTO 2074

Indexed as: Vassileva v. Caratun

1This is an Application filed on June 14, 2011 under section 34 of Part IV of the Human Rights Code, R.S.O. 1990, c. H.19 as amended, (the "Code").

2The Tribunal issued an Interim Decision on October 13, 2011, directing the respondent to file a Response. The respondent filed his Response on October 23, 2011. At about the same time, the Tribunal received a copy of an Order made by the Registrar in Bankruptcy, Superior Court of Justice, declaring the respondent bankrupt and assigning his property to a trustee. The Order is dated September 22, 2011. The Tribunal also subsequently received a Notice of Stay of Proceedings from the trustee.

3Section 69 of the Bankruptcy and Insolvency Act (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. The Tribunal has recognized that the result of section 69 of the BIA is to stay an application under the Code seeking monetary remedies: see Rijal v. Distinctive Designs Furniture, 2009 HRTO 297; Seivewright v. Royal Crest Lifecare Group, 2010 HRTO 1912.

4A creditor may apply to the court to have the stay lifted but if the stay is not lifted it continues until the trustee is discharged.

5This Application may therefore not proceed at this time and it will be held in abeyance.

6The applicant is directed to advise the Tribunal within one year of the date of this Interim Decision whether she has received an order of the court lifting the stay or the stay is no longer in effect. If the applicant does not so advise, the Tribunal may deem the Application abandoned and close its file.

7For the information of the applicant, the Tribunal encloses a copy of the Response filed by the respondent. Given that the matter is held in abeyance, there is no requirement at this time to file a Reply.

8I am not seized of this matter.