Christine Love v. Keata Pharma Inc. and Satnam Sangha, 2011 HRTO 343

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Christine Love

Applicant

-and-

Keata Pharma Inc. and Satnam Sangha

Respondents

DECISION

Adjudicator: Mark Hart

Date: February 16, 2011

Citation: 2011 HRTO 343

Indexed as: Love v. Keata Pharma

1This is an Application made under s. 53(5) of the Ontario Human Rights Code, R.S.O. 1990, c. H.19, as amended, dated May 5, 2009. The underlying complaint was filed with the Ontario Human Rights Commission (the "Commission") on June 15, 2007.

2On December 2, 2010, I issued a Case Assessment Direction with regard to the material received from the trustee in bankruptcy for the corporate respondent Keata Pharma Inc. dated June 23, 2010, and to address issues regarding the status of the personal respondent.

3Keata Pharma Inc. was deemed bankrupt on January 29, 2010, and A. Farber & Partners Inc. ("Farber") was appointed as the bankruptcy trustee. Farber sent out a Notice of Bankruptcy to the creditors of Keata Pharma Inc. dated February 4, 2010, which established a process for the filing of proofs of claims. However, as indicated in the Notice, there would be no funds available for unsecured creditor claims.

4The applicant's claim against Keata Pharma Inc. has not yet been proven before this Tribunal, and so at this stage she is not even in the status of a creditor. Even if she were to prove her claim, the applicant would then become an unsecured creditor for whom no funds are available to satisfy the remedies that she seeks in this proceeding. Nor is reinstatement a possible remedy, given the bankruptcy of the company.

5With regard to the personal respondent, Satnam Sangha, the Tribunal at present has no verification as to his current address. Mail sent by the Tribunal to the initial address provided for Mr. Sangha was returned. Subsequently, the applicant provided what she believed to be a current address for Mr. Sangha, but mail sent by the Tribunal to this address was returned with the notation that this individual does not live at that address.

6By letter dated June 3, 2010, the Tribunal directed the applicant to provide current contact information for Mr. Sangha and ensure that the Application has been delivered to him, and to confirm this by no later than June 25, 2010. No such confirmation has been provided by the applicant to date.

7In view of the bankruptcy of the corporate respondent and the applicant's inability to locate and serve the personal respondent, the Case Assessment Direction advised the parties that it was the Tribunal's intention to dismiss this Application and invited the applicant to make any submissions to the Tribunal as to why this Application should not be dismissed by no later than January 7, 2011. More than a month has passed since the expiry of that deadline, and no submissions have been received from the applicant.

8Accordingly, the Application is dismissed as abandoned.