Tiffany Brown v. CPI Portrait Studios of Canada Corp., 2014 HRTO 550

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Tiffany Brown

Applicant

-and-

CPI Portrait Studios of Canada Corp.

Respondent

INTERIM DECISION

Adjudicator: Brian Eyolfson

Date: April 16, 2014

Citation: 2014 HRTO 550

Indexed as: Brown v. CPI Portrait Studios of Canada Corp.

1This Application was filed on December 17, 2013, under s.34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”) and alleges discrimination in employment. The respondent has not filed a Response to the Application.

2By Order of the Superior Court of Justice (Commercial List) dated April 15, 2013, made pursuant to section 243(1) of the Bankruptcy and Insolvency Act, R.S.C. 1085, c. B-3 as amended (the “BIA”), and section 101 of the Courts of Justice Act, R.S.O. 1990, c. C-43 as amended, Duff & Phelps Canada Restructuring Inc. was appointed as receiver and receiver manager (the “Receiver”) of all of the assets, undertakings and properties of the respondent.

3By correspondence dated February 27 and 28, 2014, the Receiver provided the applicant and the Tribunal with a copy of the above Order of the Superior Court dated April 15, 2013, and a Notice of Stay of Proceedings dated February 27, 2014.

4Pursuant to paragraph 8 of the Court’s April 15, 2013 Order, no proceeding against or in respect of the respondent shall be commenced or continued except with the written consent of the Receiver or with leave of the Court. It appears that the Application is therefore stayed pending leave of the Superior Court, or consent of the Receiver.

5In the circumstances, if the applicant wishes to pursue the Application, she must either bring a motion in the Superior Court to lift the stay, or reach an agreement with the Receiver with respect to her claim, within 60 days of the date of this Interim Decision.

6The applicant is directed to advise the Tribunal of her intentions in writing within 30 days of the date of this Interim Decision. If the applicant fails to do so the Tribunal may deem the Application abandoned and close its file.