Aboudaya v. Planet Organic Health, 2011 HRTO 377

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Nora Aboudaya

Applicant

-and-

Planet Organic Health Corporation, Hina Khan and Mirwan Ferris

Respondents

DECISION

Adjudicator: Naomi Overend

Date: February 22, 2011

Citation: 2011 HRTO 377

Indexed as: Aboudaya v. Planet Organic Health

1By Interim Decision, 2011 HRTO 63, the Tribunal directed the applicant to advise whether she intended to continue her Application against the respondents by February 7, 2011. The applicant was advised that if she did not communicate with the Tribunal by that date, her Application may be dismissed as abandoned. The applicant has not communicated with the Tribunal and the time for doing so has now passed.

2Previously, the respondents had advised that the corporate respondent, Planet Organic Health Corporation (“Planet Organic”), had initiated a restructuring under the Companies’ Creditors’ Arrangement Act, R.S.C. 1985, c. C-36 (“CCAA”). On April 29, 2010, Morawtz J. of the Ontario Superior Court of Justice (Commercial List) made an Initial Order which stayed any proceedings from being commenced or continued. Two further orders were made extending the stay period, the most recent of which extended it to May 31, 2011.

3Counsel for Planet Organic also advised that “substantially all of the assets of Planet Organic were sold pursuant to a Sale and Vesting Order dated June 4, 2010” and the company no longer had any employees, officers or board of directors.

4In light of the above, this Application is dismissed as abandoned.