Aboudaya v. Planet Organic Health Corporation, 2011 HRTO 63

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

INTERIM DECISION

Adjudicator: Naomi Overend

Date: January 7, 2011

Citation: 2011 HRTO 63

Indexed as: Aboudaya v. Planet Organic Health

1After the applicant filed this Application on March 5, 2010, under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended, Planet Organic Health Corporation (“Planet Organic”) 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 that provides, in part:

14. THIS COURT ORDERS that until and including May 27, 2010, or such later date as this Court may order (the “Stay Period”), no proceeding or enforcement process in any court or tribunal (each, a “Proceeding”) shall be commenced or continued against or in respect of the Applicants or the Monitor, or affecting the Business or the Property, except with the written consent of the Applicants, Catalyst and the Monitor, or with leave of this Court, and any and all Proceedings currently under way against or in respect of the Applicants or affecting Business or the Property are hereby stayed and suspended pending further Order of this Court.

2Counsel for Planet Organic provided two subsequent orders extending the stay period under the CCAA. The most recent of these, dated November 29, 2010, extends the stay period to May 31, 2011. By letter dated October 21, 2010, he also advised the following:

We can further confirm that substantially all of the assets of Planet Organic were sold pursuant to a Sale and Vesting Order dated June 4, 2010. As a result of that sale, Planet Organic currently has no employees, no officers, and the Board of Directors resigned shortly after the Sale and Vesting Order was granted.

3In the circumstances, the Tribunal directs the applicant to advise if she wishes to continue her Application as against Planet Organic and/or the individual respondents by February 7, 2011.

4If the applicant indicates that she intends to pursue her Application against Planet Organic, she should, also by February 7, 2011, provide submissions on the following issues:

a. What is the effect of the stay on her Application

b. If the applicant takes the position that the CCAA order stays her Application, has she has commenced an application in the Superior Court to lift the stay so as to allow the Application to proceed, or has sought the consent of the respondent and monitor to having the Application proceed.

5In the event that the applicant makes submissions with respect to the issues raised in this Interim Decision, the respondents have until February 17, 2011 to provide response submissions in writing to the applicant and the Tribunal.

6Upon receipt of the parties’ submissions, the Tribunal may issue further directions. If the applicant does not communicate with the Tribunal by February 7, 2011, the Application may be dismissed as abandoned as against some or all of the respondents.

7I am not seized.