John Berry v. Lear Corporation – Whitby Ontario Canada, 2011 HRTO 6

1In a previous Interim Decision dated July 20, 2010, 2010 HRTO 1572, the Tribunal ruled that it had no jurisdiction to hear the Application, as it was barred by court order made under the Companies’ Creditors Arrangement Act, R.S.C. 1985, c. C-36, as amended (the “CCAA”).

2The Tribunal noted that it was still open to the applicant to bring a motion before the Ontario Superior Court of Justice for leave to file a late claim, and directed the applicant to advise the Tribunal within 30 days of the date of the Interim Decision whether he intended to bring such a motion.

3The applicant was warned that failure to bring such a motion might result in his Application being dismissed as abandoned. The applicant did not communicate further with the Tribunal and the time for so doing has long passed. In the circumstances, the applicant is deemed to have abandoned the Application and the Application is dismissed.