Reardon v. Tracan Electronics Corporation, 2012 HRTO 2092

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Ron Reardon

Applicant

-and-

Tracan Electronics Corporation

Respondent

DECISION

Adjudicator: Brian Eyolfson

Date: November 2, 2012

Citation: 2012 HRTO 2092

Indexed as: Reardon v. Tracan Electronics Corporation

1The applicant filed an Application for Contravention of Settlement under s. 45.9(3) of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), on August 9, 2011. The Application alleges that the respondent breached Minutes of Settlement that the parties executed on June 15, 2011.

2On August 23, 2011, the respondent filed a Response to an Application for Contravention of Settlement, which stated that, on August 2, 2011, the respondent filed a Notice of Intention to make a Propsoal under the the Bankruptcy and Insolvency Act, R.S.C. 1985, c. B-3, as amended (the “BIA”). The respondent submitted that, pursuant to s. 69(1) of the BIA, all proceedings against the respondent were stayed as of August 2, 2011.

3In an Interim Decision dated October 6, 2011, 2011 HRTO 1821, the Tribunal held that the Application as against the respondent was stayed pursuant to s. 69 of the BIA. The applicant was directed to advise the Tribunal, within one year of the date of the Interim Decision, whether he had lifted the stay, or taken other steps to enable his Application against the respondent to proceed. The applicant was warned that a failure to do so within the required deadline may result in the Tribunal deeming his Application to have been abandoned and dismissing the Application for that reason.

4The applicant has not responded to 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.