Carrol v. Laura Canada, 2016 HRTO 284

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Diana Carrol Applicant

-and-

Laura Canada and Donald Desabrais Respondents

INTERIM DECISION

Adjudicator: Jo-Anne Pickel Date: March 3, 2016 Citation: 2016 HRTO 284 Indexed as: Carrol v. Laura Canada

WRITTEN SUBMISSIONS

KPMG Inc., Court Appointed Monitor

Dev Coossa and Maxime Codere

1This Interim Decision addresses the consequences for this Application that flow from the Re-Amended Plan of Compromise and Arrangement sanctioned by the Quebec Superior Court (“Court”) in relation to the corporate respondent, Laura Canada. It also makes directions in relation to the delivery of documents to the personal respondent.

2By Application filed on May 21,2015, the applicant alleged that the respondents discriminated against her because of her sex and reprised against her contrary to the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”). The respondents to the Application are the corporate respondent, identified in the Application as “Laura Canada”, and the personal respondent, Donald Desabrais.

3On July 31, 2015, Laura’s Shoppe (P.V.) Inc. (the applicant’s former employer and the corporate respondent to this Application) filed a notice of intention to file a proposal pursuant to Section 50.4 (1) of the Bankruptcy and Insolvency Act, R.S.C., 1985, c. B-3. KPMG Inc. was identified as a trustee under the proposal.

4On August 12, 2015, the Court issued a temporary stay of proceedings under the Companies’ Creditors Arrangement Act, R.S.C., 1985, c. C-36 ("CCAA"). This stay was extended to November 30, 2015. In response to the Tribunal’s February 10, 2016 Case Assessment Direction, KPMG Inc. advised that the stay ended on December 25, 2015 following the approval by creditors and the Court of the corporate respondent’s Re-Amended Plan of Compromise and Arrangement (“Plan”)

5Under the Plan, with certain exceptions that do not apply in this case, any liability of the corporate respondent is governed by the Plan. If the applicant wishes to assert a claim against the corporate respondent in regards to the events raised in her Application, she must seek leave of the Court to file a proof of claim with KPMG Inc.

Application against DonalD Desabrais

6The applicant initially provided an incorrect address for the respondents. It was only after the Tribunal alerted her to the error that she confirmed the correct address for the corporate respondent’s head office. The only address the applicant provided for Donald Desabrais was the address of the corporate respondent’s head office. After the applicant confirmed the correct address, the Tribunal delivered a copy of the Application to the personal respondent to the corporate respondent’s head office. The Tribunal advised the personal respondent that he was required to file a Response by March 1, 2016. The personal respondent did not file a Response by this date.

7It is not clear to me that the personal respondent has actually received the copy of the Application since the only address that the applicant has provided to the Tribunal is the corporate respondent’s address.

8A copy of this Interim Decision is being sent to the corporate respondent. The corporate respondent is directed to advise the Tribunal in writing within 14 days of the date of this Interim Decision whether it has forwarded a copy of the Application to Donald Desabrais. As well, the corporate respondent is ordered to provide the Tribunal with the last known personal address it has on file for Mr. Desabrais.

ORDER

9For the foregoing reasons, the Tribunal makes the following orders:

a. Within 14 days of the date of this Interim Decision, the applicant must advise the Tribunal in writing whether she intends to seek leave of the Quebec Superior Court (Commercial Division) to file a proof of claim with KPMG Inc in relation to the events set out in her Application. If she fails to advise the Tribunal of her intentions within this time period, the Tribunal will deem the Application against the corporate respondent to be abandoned.

b. Within 14 days of this Interim Decision, the corporate respondent must advise the Tribunal in writing whether it has forwarded to Donald Desabrais the copy of the Application sent to him care of the corporate respondent’s head office. The corporate respondent must also provide the Tribunal with the last known personal address it has on file for Mr. Desabrais.