Andzel v. Extreme Fitness Inc., 2013 HRTO 2024

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Gregory Andzel Applicant

-and-

Extreme Fitness Inc. Respondents

INTERIM DECISION

Adjudicator: Ena Chadha Date: December 6, 2013 Citation: 2013 HRTO 2024 Indexed As: Andzel v. Extreme Fitness Inc.

WRITTEN SUBMISSIONS

Extreme Fitness Inc., Respondent Barbra H. Miller, Counsel

1The applicant filed this Application on January 30, 2013, under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended.

2The respondent Extreme Fitness Inc. filed a Response on June 7, 2013.

3On July 15, 2013, the Tribunal issued a Notice of Mediation indicating that a mediation was scheduled in this matter for September 16, 2013.

4On September 13, 2013, counsel for the Extreme Fitness wrote to the Tribunal indicating that counsel will no longer be representing the respondent. Counsel advised that Extreme Fitness made an application pursuant to the Companies’ Creditors’ Arrangement Act, R.S.C. 1985, c. C-36, on February 7, 2013 and on March 27, 2013, the Ontario Superior Court of Justice granted an order approving of an asset purchase agreement involving Extreme Fitness’s assets. Counsel stated that Extreme Fitness no longer carries on business and that “no realization is anticipated for any of Extreme’s unsecured creditors”.

5On September 13, 2013, the Tribunal wrote to counsel for Extreme Fitness confirming an oral request made by the Tribunal’s scheduling coordinator that counsel provide the Tribunal and the applicant with the name and contact information of the person who would be responsible for taking carriage of this matte for Extreme Fitness.

6No communication or correspondence has been received from counsel responding to the Tribunal’s request for current contact information.

7Counsel’s attention is drawn to Rule A9 of the Social Justice Tribunals Ontario Common Rules found in Part 1 of the Tribunal’s Rules of Procedure, which sets out the obligations of a representative who ceases to act for a party:

A9.3 Where a representative begins or ceases to act for a client, the representative must immediately advise the tribunal and the other parties in writing, and provide up-to-date contact information for the party and any new representative. Where a representative ceases to act for a client the tribunal may issue directions to ensure fairness to all parties and to prevent undue delay of proceedings.

8It is expected that representatives will be familiar with the Tribunal rules and procedures and will provide information regarding the Tribunal’s process, as well as convey Tribunal’s directions, to their clients.

9In the circumstances, the Tribunal directs as follows:

i. Within 7 days of the date of this Interim Decision, counsel for Extreme Fitness is directed to forward a copy of this Interim Decision to her client contact and/or any representative taking over carriage of this matter. Also within 7 days of the date this Interim Decision, counsel is directed to write to the Tribunal, copied to the applicant, providing the contact information for her client and/or any representative taking over carriage of this matter;

ii. Within 14 days of the date of this Interim Decision, the applicant is required to write to the Tribunal, copied to the contact for Extreme Fitness, advising if he wishes to continue his Application and, if so, his position with respect to his unsecured claims as against Extreme Fitness;

iii. In the event that the applicant makes submissions indicating an intention to proceed with this Application, Extreme Fitness has until January 10, 2014 to provide written response submissions;

iv. Upon receipt of the parties’ submissions, the Tribunal may issue further directions; and

v. If the applicant does not communicate with the Tribunal within 14 days of the date of this Interim Decision, the Application may be dismissed as abandoned.

10I am not seized.