Barbara Swierczek v. The King of Fish, 2015 HRTO 1510

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Barbara Swierczek

Applicant

-and-

The King of Fish

Respondent

DECISION

Adjudicator: Laurie Letheren Date: November 9, 2015 Citation: 2015 HRTO 1510 Indexed as: Swierczek v. The King of Fish

Introduction

1This is an Application under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended, in which the applicant alleges that the respondents discriminated against her with respect to employment because of disability.

NOTICE OF STAY OF PROCEEDINGS

2On September 2, 2015, the trustee in bankruptcy for the estate of the respondent (“the trustee”) filed a Notice of Stay of Proceedings with the Tribunal advising that the respondent had filed an assignment in bankruptcy on July 20, 2015; and that pursuant to s. 69 of the Bankruptcy and Insolvency Act, R.S.C. 1985, c. B-3, as amended (the “BIA”), all proceedings against the respondent were stayed.

3As a result of the Notice of Stay of Proceedings, on September 18, 2015, the Tribunal issued Interim Decision 2015 HRTO 1246, which ordered a stay of the Application.

4In addition, the Tribunal directed the applicant to advise the Tribunal in writing, within 28 days of the date of the Interim Decision, whether she intends to bring a motion in court to have this stay lifted. The applicant was advised that should she fail to advise the Tribunal of her intentions, the Application could be dismissed as abandoned.

5The applicant has not advised the Tribunal of her intentions with respect to having the stay of the Application lifted and the time for doing so has passed. I find that the Application has been abandoned and it is dismissed on that basis.

ORDER

6This Application is dismissed.