HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Debra-Ann St.George
Applicant
-and-
Hart Stores Inc. and Rodney Groulx
Respondents
DECISION
Adjudicator: Michelle Flaherty
Indexed as: St. George v. Hart Stores Inc.
1The applicant filed an Application on September 9, 2010 alleging discrimination in employment on the basis of disability, contrary to the Ontario Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”). The Application also alleges reprisal or threat of reprisal.
2The respondents filed a Response denying the allegations of discrimination.
3A mediation was scheduled for October 24, 2011. On October 4, 2011, the Tribunal received a letter from the respondents (copied to the applicant) advising that the corporate respondent had obtained an order under the Companies’ Creditors’ Arrangement Act, R.S.C. 1985, c. C-36 (“CCAA”), which provides, among other things, for a stay of proceedings until November 4, 2011. The court order was not provided.
4In a Case Assessment Direction (“CAD”) dated October 17, 2011, the Tribunal cancelled the October 24, 2011 mediation. Pursuant to the CAD, the corporate respondent filed with the Tribunal and served on the other parties a copy of the court order under the CCCA.
5The Tribunal’s CAD directed the applicant to advise the respondents and the Tribunal whether she wishes to continue her Application as against either or both respondents and whether she intended to seek to lift the stay of proceedings against the corporate respondent. The CAD stated that if the applicant failed to file submissions as directed within two weeks of the CAD, the Application may be dismissed as abandoned.
6As of the date of this Decision, the applicant has not filed submissions in response to the CAD and the CAD has not been returned to the Tribunal as undeliverable. In the circumstances, the Application is dismissed as abandoned.
Dated at Toronto, this 5th day of December, 2011
”signed by”
Michelle Flaherty
Vice-chair