Cheeseman v. McKnight Foods Inc., 2014 HRTO 1234

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Morgan Cheeseman Applicant

-and-

Jason McKnight, McKnight Foods Inc. and 1192575 Ontario Inc. o/a Obsidian Group Inc. Respondents

INTERIM DECISION

Adjudicator: Judith Hinchman Date: August 19, 2014 Citation: 2014 HRTO 1234 Indexed as: Cheeseman v. McKnight Foods Inc.

WRITTEN SUBMISSIONS

Morgan Cheeseman, Applicant Shireen Mohiuddin, Counsel

1192575 Ontario Inc. o/a Obsidian Group Inc., Respondent Bill Dimitropoulos, Counsel

Introduction

1This is an Application filed under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), alleging discrimination with respect to employment because of sexual harassment.

2In a prior Interim Decision, 2014 HRTO 950 I dealt with a request to add respondents. Obsidian Group Inc. was added, and while I found it would otherwise be appropriate to add Jason McKnight as a personal respondent, I noted that Mr. McKnight had filed a proposal under section 62 of the Bankruptcy and Insolvency Act, R.S.C. 1985, c. B-3 (“BIA”).

3Therefore, the applicant was requested to file submissions on the following:

• Does she still wish to add Mr. McKnight as a personal respondent if she can only seek non-monetary remedies?
• If so, what are those non-monetary remedies?

4The other parties, McKnight Foods Inc. and Obsidian and also the proposed personal respondent Mr. McKnight, were invited to file submissions on the question of what the effect of the BIA stay is on any remedies sought against Mr. McKnight.

5The applicant and Obsidian have made submissions. McKnight Foods Inc. and Mr. McKnight have not and the time to do so has now passed.

6The applicant submits that she still wishes to add Mr. McKnight as a personal respondent and if her Application is granted against him will only seek non-monetary remedies to include human rights training, a review of the Ontario Human Rights Commission Policy on Preventing Sexual and Gender-based Harassment (2011), and any other non-monetary remedy the Tribunal may order.

7I agree with the applicant that the reasoning in Young v. Marathon Pulp, 2009 HRTO 800 is applicable to this Application in that the applicant no longer seeks any monetary remedies against Mr. McKnight and is therefore not a “creditor” and no longer has a “claim provable in bankruptcy” as those terms are used in the BIA ss. 69(1) and 69.3(1). Accordingly her Application is not stayed by the operation of the BIA. For the reasons articulated in 2014 HRTO 950, I find it is appropriate to add Mr. McKnight as a personal respondent and that the applicant will pursue only non-monetary remedies against him.

Order

8The Tribunal orders as follows:

a. The request to add Jason McKnight as a respondent is granted;

b. The title of proceeding shall be amended accordingly.

c. Within seven (7) days of this Interim Decision, the applicant shall serve and file the particulars of the remedy she is seeking against Mr. McKnight.

d. The respondent Mr. McKnight shall file his Response and make disclosure to the other parties pursuant to Rule 16.1 of all arguably relevant documents in its possession within 30 days of the date of this Interim Decision.