HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Allison Lutton
Applicant
-and-
8858268 Canada Inc. o/a One World Buffet and Johnny Tsimiliotis
Respondents
DECISION
Adjudicator: Josée Bouchard Date: November 2, 2016 Citation: 2016 HRTO 1419 Indexed as: Lutton v. 8858268 Canada Inc. o/a One World Buffet
1This Application, filed on May 22, 2015, alleges discrimination with respect to employment because of sex, sexual solicitation and marital status.
2On October 5, 2015, the corporate respondent filed a Response.
3The Application was delivered to the individual respondent on November 23, 2015. The individual respondent did not file a Response. On February 2, 2016 the Tribunal wrote to the parties directing the individual respondent to deliver and file a Response by February 16, 2016. The individual respondent has not responded to this correspondence.
4On March 16, 2016 the Tribunal was advised that the corporate respondent filed for bankruptcy under the Bankruptcy and Insolvency Act, R.S.C. 1085, c. B-3 as amended (the “BIA”) on November 19, 2015 and a Trustee was appointed pursuant to section 49 of the BIA on the same date. The Trustee has advised that pursuant to section 69.3 of the BIA all actions, executions, garnishments and all other procedures must be stayed.
5On June 15, 2016, the Tribunal issued a Case Assessment Direction (“CAD”) informing the applicant that if she wished to pursue the Application as against the corporate respondent and/or the individual respondent she may be required to either bring a motion in the Superior Court to lift the stay or reach an agreement with the Trustee with respect to her claim within 60 days of the date of the CAD.
6The applicant was directed to advise the Tribunal of her intentions in writing with respect to this case within 30 days of the date of the CAD. The Tribunal warned the applicant that if she failed to do so the Tribunal may deem the Application abandoned and close the file.
7The applicant has not responded to the CAD, the time for doing so has now passed and the CAD has not been returned as undeliverable.
8In the circumstances, the applicant is deemed to have abandoned the Application.
9The Application is dismissed.
Dated at Toronto, this 2nd day of November, 2016.
“Signed By”
Josée Bouchard
Vice-chair