Inderdai Dyall v. Priszm Inc., 2011 HRTO 895

Human Rights Tribunal of Ontario

B E T W E E N:

Inderdai Dyall

Applicant

-and-

Priszm Inc.

Respondent

INTERIM DECISION

Adjudicator: Naomi Overend

Date: May 6, 2011

Citation: 2011 HRTO 895

Indexed as: Dyall v. Priszm Inc.

1The applicant filed an Application on July 22, 2010 alleging discrimination in employment on the basis of disability, contrary to the Ontario Human Rights Code, R.S.O. 1990, c. H.19, as amended, (the “Code”). The matter was scheduled to proceed to mediation, but in the meantime, Counsel for the respondent, Priszm Inc., advised that his client had obtained an Initial Order under the Companies’ Creditors’ Arrangement Act, R.S.C. 1985, c. C-36 (“CCAA”), which provides, among other things, a stay of proceedings until April 29, 2011. He subsequently wrote to advise that this stay was extended to June 30, 2011.

2In the circumstances, the Tribunal directs the applicant to advise the respondent and the Tribunal if she wishes to continue her Application as against Priszm Inc. by May 17, 2011. If the applicant indicates that she intends to pursue her Application against Priszm Inc., she should, also by May 20, 2011, provide written submissions to the respondent and the Tribunal on the following issues:

a. What is the effect of the CCAA stay of proceedings on her Application?

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

3In the event that the applicant makes submissions with respect to the issues raised in this Interim Decision, the respondent has until May 27, 2011 to provide written response submissions to the applicant and the Tribunal.

4Upon receipt of the parties’ submissions, the Tribunal may issue further directions. If the applicant does not communicate with the Tribunal by May 20, 2011, the Application may be dismissed as abandoned as against the respondent

5I am not seized.