Human Rights Tribunal of Ontario
B E T W E E N:
Larisa Vassileva Applicant
-and-
Victor Caratun Respondent
INTERIM DECISION
Adjudicator: Geneviève Debané Date: November 14, 2012 Citation: 2012 HRTO 2150 Indexed as: Vassileva v. Caratun
WRITTEN SUBMISSIONS
Larisa Vassileva, Applicant
Eric Sabbah, Representative
Introduction
1This is an Application filed under section 34 of Part IV of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”).
2The Tribunal was advised that the respondent had filed for bankruptcy and received a Notice of Stay of Proceedings from the trustee.
3On November 15, 2011, the Tribunal issued Interim Decision 2011 HRTO 2074 which states at paragraph 5 and 6:
This Application may therefore not proceed at this time and it will be held in abeyance.
The applicant is directed to advise the Tribunal within one year of the date of this Interim Decision whether she has received an order of the court lifting the stay or the stay is no longer in effect. If the applicant does not so advise, the Tribunal may deem the Application abandoned and close its file.
4On October 16, 2012, the Tribunal received correspondence from the applicant indicating that the Notice of Stay of Proceedings was still in force and that she did not anticipate that the stay would be lifted before April 2013. The applicant also indicates that it is her belief that the Application can still proceed once the stay is lifted.
ORDER
5Having reviewed this matter, it is clear that the stay has not been lifted and that the applicant still wishes to proceed with this Application. Any issues with respect to whether the applicant can indeed proceed with the Application will be dealt with, if necessary, once the stay is lifted.
6This Application may not proceed at this time and will continue to be held in abeyance.
7The applicant is directed to advise the Tribunal within 7 months of the date of this Interim Decision whether she has received an order of the court lifting the stay or the stay is no longer in effect. If the applicant does not so advise, the Tribunal may deem the Application abandoned and close its file.
8The trustee will be sent a copy of this Interim Decision. The parties are directed to copy to the trustee all correspondence sent to the Tribunal.
9I am not seized.
Dated at Toronto, this 14th day of November, 2012.
“Signed by”
Geneviève Debané Vice-chair