Ana Pereira v. National Carpet Mills Ltd., 2011 HRTO 809

Human Rights Tribunal of Ontario

B E T W E E N:

Ana Pereira Applicant

-and-

National Carpet Mills Ltd. Respondent

INTERIM DECISION

Adjudicator: Judith Keene Date: April 21, 2011 Citation: 2011 HRTO 809 Indexed as: Pereira v. National Carpet Mills

1The applicant filed an Application under section 34 of the Human Rights Code R.S.O. 1990, c. H.19 as amended (the “Code”), on May 17, 2010. A Notice of Mediation was sent to the parties through their representatives on December 9, 2010 setting a mediation date for February 11, 2011.

2On March 24, 2011, the respondent’s Trustee in Bankruptcy filed with the Tribunal a letter and a copy of a Certificate of Appointment from the Office of the Superintendent of Bankruptcy Canada dated February 14 2011, which certified that the respondent filed an assignment under section 49 of the Bankruptcy and Insolvency Act, R.S.C. 1985, c. B-3, as amended, (the “BIA”).

3Section 69 of the BIA provides that no creditor has any remedy against the insolvent person or the insolvent person’s property, or shall commence or continue any action, execution or other proceedings, for the recovery of a claim provable in bankruptcy. The Tribunal has accepted that proceedings under the Code against bankrupt respondents are stayed pursuant to section 69 of the BIA. As noted in Rijal v. Distinctive Designs Furniture, 2009 HRTO 297 at para. 16:

Where appropriate, the Bankruptcy Court will lift the statutory stay to allow litigants either in other actions before the court or in other forums to continue those claims. However, it is the Bankruptcy Court that is tasked with the management of litigation against parties who have been granted protection under the BIA.

4The Application may not proceed against the respondent at this time. The applicant is directed to advise the Tribunal within one year of the date of this Interim Decision whether she has lifted the stay or taken other steps to enable her Application against the respondent to proceed. If the applicant fails to do so, the Tribunal may deem the Application abandoned and dismiss the Application.

5I am not seized of this matter.