Human Rights Tribunal of Ontario
B E T W E E N:
Deepanshu Kashyap
Applicant
-and-
Reeves Financial Services Inc.
Respondent
INTERIM DECISION
Adjudicator: Jennifer Scott
Indexed as: Kashyap v. Reeves Financial Services Inc.
1The purpose of this Interim Decision is to address whether the Application against the respondent is stayed because of its bankruptcy.
2By Application filed June 12, 2014, the applicant alleged that the respondent discriminated against him because of race, place of origin and reprisal contrary to the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”). In his Application, he sought monetary compensation as a remedy for the alleged discrimination.
3The respondent did not file a Response to the Application. Instead, the president of the respondent, Scott Reeves, advised the Tribunal by letter dated January 21, 2015, that the respondent made an assignment into bankruptcy effective June 9, 2014. Mr. Reeves advised further that Taylor Leibow Inc. has been appointed as Trustee in Bankruptcy.
4The applicant confirms the respondent filed for bankruptcy in the Application.
5Section 69.3 of the Bankruptcy and Insolvency Act, R.S.C. 1985, c. B-3, as amended (the “BIA”) provides that no creditor has any remedy against the debtor or the debtor’s property, or shall commence or continue any action, execution or other proceedings, for the recovery of a claim provable in bankruptcy.
6The Tribunal has held that Code proceedings seeking monetary remedies from a respondent are subject to the stay set out in section 69 of the BIA. As such they are prevented from proceeding. See, for example, Trowell v. 6286160 Canada, 2010 HRTO 859.
7If the applicant wishes to pursue this Application against the respondent, he must bring a motion in court to have the stay lifted in accordance with s. 69.4 of the BIA. The applicant is directed to advise the Tribunal in writing, within 28 days of this Interim Decision, whether he intends to bring such a motion in court.
ORDER
8The Tribunal directs as follows:
a. Within seven days of this Interim Decision, the respondent shall provide his Trustee in Bankruptcy with a copy of this Interim Decision.
b. Within 14 days of this Interim Decision, the respondent is directed to provide proof of its assignment into bankruptcy. Once that proof is provided, the Application is stayed under s. 69.3 of the BIA.
c. Within 28 days of this Interim Decision, the applicant is directed to advise the Tribunal in writing, whether he intends to bring a motion in court to have this stay lifted. If he fails to advise the Tribunal of his intentions within this time period, the Tribunal may deem the Application against the respondent abandoned.
9I am not seized of this matter.
Dated at Toronto, this 27th day of February, 2015.
“Signed by”
Jennifer Scott
Vice-chair