Human Rights Tribunal of Ontario
B E T W E E N:
Terry Stutsman
Applicant
-and-
Propak Limited
Respondent
INTERIM DECISION
Adjudicator: Brian Cook
Indexed as: Stutsman v. Propak
1The Tribunal has scheduled a Summary Hearing of this Application for March 14, 2011.
2On February 10, 2011, the respondent wrote to the Tribunal to advise that it has started bankruptcy proceedings. The respondent included a Certificate signed by an Official Receiver from the Office of the Superintendent of Bankruptcy, an Agency of Industry Canada. This document certifies that the respondent has given Notice of an Intention to Make a Proposal under subsection 50.4 of the Bankruptcy and Insolvency Act, R.S.C. 1985, c. B-3 (BIA). The Certificate states the following:
Pursuant to subsection 69(1) of the Act, all proceedings against the aforenamed insolvent person are stayed as of the date of filing of the Notice of Intention.
3The Application filed by the applicant with the Tribunal is a “proceeding” against the respondent that can be stayed under section 69(1) of the BIA. See Rijal v. Distinctive Designs Furniture, 2009 HRTO 297. According to the Certificate, all proceedings are stayed, meaning that they cannot proceed until there is some further direction that they may proceed.
4The Application filed with the Tribunal cannot therefore proceed at this time, and the Summary Hearing scheduled for March 14, 2011 must be adjourned.
5Documents filed by the respondent include an Order of a judge of Superior Court of Justice in Bankruptcy and Insolvency, dated February 7, 2011. The Order extends the deadline for the filing of a bankruptcy proposal to March 24, 2011. It appears that the Court will then determine what will happen in regard to the bankruptcy proposal.
6The respondent or the Trustee in Bankruptcy is directed to advise the Tribunal and the applicant of the Bankruptcy Court’s determination within ten days of the date that the Bankruptcy Court deals with the bankruptcy proposal. The respondent or Trustee in Bankruptcy must file a Form 23 (Statement of Delivery) confirming that it has provided this information to the applicant.
7If the bankruptcy proposal is accepted, then the stay of proceedings may be lifted with leave of the Court. The applicant is directed to advise the Tribunal, within 30 days of being informed of the Court’s acceptance of the bankruptcy proposal, as to whether he intends to seek leave of the Court to lift the stay of proceedings. If the applicant does not do so, the Tribunal may dismiss the Application as abandoned.
Dated at Toronto, this 15th day of February, 2011.
”signed by”______________
Brian Cook
Vice-chair