Stutsman v. Propak Limited, 2012 HRTO 1430

Human Rights Tribunal of Ontario

B E T W E E N:

Terry Stutsman

Applicant

-and-

Propak Limited

Respondent

DECISION

Adjudicator: David Muir Date: July 23, 2012 Citation: 2012 HRTO 1430 Indexed as: Stutsman v. Propak Limited

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

2The Application was stayed pending the outcome of bankruptcy proceedings by Interim Decision 2011 HRTO 315 of the Human Rights Tribunal of Ontario ("HRTO"), dated February 15, 2011. By correspondence dated May 10, 2012, the respondent advised the applicant and the HRTO that the court had accepted the bankruptcy proposal.

3By letter dated May 28, 2012, the HRTO directed the applicant to advise the HRTO of his intentions with respect to the Application no later than June 14, 2012. The applicant was advised that if he failed to do so by this date the Application might be dismissed as abandoned and he was directed to paragraph seven of the Interim Decision as follows:

If the bankruptcy proposal is accepted, then the stay of proceedings may be lifted with leave of the Court. The applicant is directed to advise the Tribunal, within 30 days of being informed of the Court's acceptance of the bankruptcy proposal, as to whether he intends to seek leave of the Court to lift the stay of proceedings. If the applicant does not do so, the Tribunal may dismiss the Application as abandoned.

4The applicant has not responded to the Tribunal's correspondence of May 28, 2012, nor has he complied with the direction of the Tribunal set out in the Interim Decision and the time for doing so has now passed.

5In the circumstances, the applicant is deemed to have abandoned the Application.

6The Application is dismissed.