Brackenbury v. Priszm LP by its General Partner Priszm Inc., 2013 HRTO 244

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Larry Brackenbury Applicant

-and-

Priszm LP by its General Partner Priszm Inc., Dave Potter, Ken Wilson and Sarjni Kumar Respondents

Larry Brackenbury Applicant

-and-

Priszm LP by its General Partner Priszm Inc. and Tracie Layton Respondents

INTERIM DECISION

Adjudicator: Jennifer Scott Date: February 11, 2013 Citation: 2013 HRTO 244 Indexed as: Brackenbury v. Priszm LP by its General Partner Priszm Inc.

APPEARANCES

Larry Brackenbury, Applicant Sharmaine Hall, Counsel

Introduction

1These Applications, joined by Interim Decision 2010 HRTO 447, were held in abeyance because of a stay of proceedings against the corporate respondent Priszm LP by its General Partner Priszm Inc. (“Priszm LP”) under the Companies’ Creditors Arrangement Act, R.S.C. 1985, c. C-36 (the “CCAC”).

2By order of the Superior Court of Justice, the proceeding under the CCAA was terminated and the corporate respondent was placed into receivership under the Bankruptcy and Insolvency Act, R.S.C. 1985, c. B-3 on September 14, 2011.

3The applicant has filed a Request for Order During Proceedings (“RFOP”) requesting that Priszm LP be removed as a respondent and the Application continue against the individual respondents. He also requests that the Tribunal order Priszm LP provide the personal contact information for the individual respondents. The Tribunal does not have the contact information for the individual respondents because the Application was delivered to them at Priszm LP’s corporate address.

4Pursuant to Rule 1.7(p) of the Tribunal’s Rules of Procedure, the Tribunal may require a party to produce information in order to provide for the fair, just and expeditious resolution of a matter before it. In order to enable the RFOP to be sent to the individual respondents, I order RSM Richter, the Receiver for Priszm LP, to provide the applicant and the Tribunal with the current addresses for the individual respondents. If it is unable to provide their current addresses, it must provide the most recent addresses for these individuals in its possession or control.

5The Tribunal has not made a determination as to whether the proceeding can continue against the individual respondents. The applicant is directed to deliver to the individual respondents its RFOP upon receiving the addresses from the Receiver and to confirm with the Tribunal that this has been done. Once the RFOP has been delivered to the individual respondents, the individual respondents will have 21 days to file submissions with the Tribunal in response to the applicant’s Request to discontinue proceedings against Priszm LP and to continue proceedings against them individually.

ORDER

6RSM Richter, the Receiver for Priszm LP, is ordered to produce the information in paragraph 4 within 10 days of the date of this Interim Decision.

7Upon receiving this information the applicant is ordered to deliver to the individual respondents his Request for Order During Proceeding and confirm delivery with the Tribunal.

8The individual respondents will have 21 days to file their submissions in response to the Request.

9I am not seized.