Makarichi v. Tabi International Corporation, 2012 HRTO 1381

Human Rights Tribunal of Ontario

B E T W E E N:

Lisa Makarichi

Applicant

-and-

Tabi International Corporation

Respondent

RECONSIDERATION DECISION

Adjudicator: Michelle Flaherty

Date: July 12, 2012

Citation: 2012 HRTO 1381

Indexed as: Makarichi v. Tabi International Corporation

HISTORY OF PROCEEDINGS

1The applicant filed an Application on June 16, 2010, under section 34 of the Ontario Human Rights Code, R.S.O. 1990, c. H.19, as amended (the "Code").

2In a CAD dated December 5, 2011, the Tribunal indicated that the respondent appeared to have been deemed to make an assignment in bankruptcy pursuant to the Bankruptcy and Insolvency Act, (R.S.C., 1985, c. B-3) ("BIA"). In the CAD, the Tribunal directed the bankruptcy trustee to deliver to the applicant and file with the Tribunal information concerning the respondent's status.

3On December 19, 2011, the bankruptcy trustee wrote to the Tribunal (and copied the applicant) and indicated that the respondent is bankrupt. The trustee provided a copy of a certificate of assignment issued pursuant to section 50.4(8)(b.1) of the BIA.

4In a further CAD dated January 27, 2012, the Tribunal stated that, if the applicant wished to proceed with the Application she must either:

1. Provide evidence that the stay of proceedings under the BIA has been lifted; or

2. Provide written submissions in support of her position that she is entitled to continue with this Application before the Tribunal.

5The applicant did not file any submissions as directed and, on March 16, 2012, the Tribunal dismissed the Application as abandoned: 2012 HRTO 550.

6On April 16, 2012, the applicant filed a Request for Reconsideration. In it, she states that she did not receive the Tribunal's January 27, 2012 CAD or the bankruptcy trustee's letter of December 19, 2011. She states that she had no intention of abandoning her Application.

7The Tribunal requested written submissions from the respondent in regards to the Request for Reconsideration. On May 9, 2012, the bankruptcy trustee wrote to the Tribunal and the applicant. She states that no funds are available in the estate for distibution to unsecured creditors.

8In a further CAD dated May 29, 2012, I wrote:

Based on the material filed with the Tribunal, it appears that the respondent may be bankrupt and that this Application may be barred from proceeding. It also appears that no funds remain in the respondent's estate for distribution.

In order for the Tribunal to determine the applicant's Request for Reconsideration and to consider whether this matter may proceed, the Tribunal requires further written submissions from the applicant.

9I directed the applicant to provide written submissions explaining why, in the circumstances, she is entitled to continue with this Application before the Tribunal. I indicated that, if the applicant failed to provide such submissions within two weeks of the CAD, that she may deem the applicant to have abandoned her Request for Reconsideration.

DECISION

10The applicant has not provided submissions. I find that the Request for Reconsideration has been abandoned.