Martin Warren Carrington v. U.S. Steel of Canada, Lake Erie Works, 2014 HRTO 1819

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Martin Warren Carrington

Applicant

-and-

U.S. Steel of Canada, Lake Erie Works

Respondent

INTERIM DECISION

Adjudicator: Keith Brennenstuhl

Date: December 22, 2014

Citation: 2014 HRTO 1819

Indexed as: Carrington v. U.S. Steel of Canada, Lake Erie Works

1This Application alleges discrimination with respect to employment because of family status contrary to the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”).

2Before the applicant filed this Application on October 6, 2014 the respondent initiated a restructuring under the Companies’ Creditors Arrangement Act, R.S.C. 1985, c. C-36 (“CCAA”). On September 16, 2014 the Ontario Superior Court of Justice (Commercial List) made an Initial Order that provides in part:

THIS COURT ORDERS that until and including October 15, 2014, or such later date as this Court may order (the “Stay Period”), no proceeding or enforcement process in any court or tribunal (each, a “Proceeding”) shall be commenced or continued against or in respect of the Applicant or the Monitor, or affecting the Business or the Property, except with the written consent of the Applicant and the Monitor, or with leave of this Court, and any and all Proceedings currently under way against or in respect of the Application or affecting the business or the Property are hereby stayed and suspended pending further Order of the Court.

3Counsel for the respondent provided the Tribunal with a subsequent order extending the Stay Period under the CCAA to January 23, 2015.

4In the circumstances, the Tribunal requests that the applicant advise the Tribunal, within 30 days of the date of this Interim Decision, if he wishes to continue his Application.

5If the applicant indicates that he intends to pursue his Application he should also, within 30 days of the date of this Interim Decision, provide submissions on the following issues: (a) what is the effect of the stay on his Application; and, (b) if the applicant takes the position the CCAA order stays his Application, has he commenced an application to the Superior Court to lift the stay so as to allow the Application to proceed, or has he sought the consent of the respondent and monitor to having the Application proceed.

6If the applicant obtains leave of the Court to continue with his Application, he should advise the Tribunal in writing within 20 days of obtaining leave.

7Upon receipt of the applicant’s submissions, the Tribunal may issue further directions.

8If the applicant does not communicate with the Tribunal within 30 days of the date of this Interim Decision, the Application may be dismissed as abandoned.

9In the event that the applicant makes submissions with respect to the issues raised in this Interim Decision, the respondent may respond to those submissions within 10 days of receiving them.

10The Tribunal further directs the respondent to advise the applicant in writing of any extensions to the Stay Period that may be granted by the Court pending further direction from the Tribunal.