HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Laura Parke, Mary Tilk, Angela Brown,
Nadira Seupersaud, Lisa Priest-Brown, and Antonella D’Alberto
Applicants
-and-
Sears Canada Inc.
Respondent
INTERIM DECISION
Adjudicator: Bruce Best
Indexed as: Parke v. Sears Canada Inc.
WRITTEN SUBMISSIONS
Laura Parke, Mary Tilk, Angela Brown, Nadira Seupersaud, Lisa Priest-Brown, and Antonella D’Alberto, Applicants
Jessica De Marinis, Counsel
Sears Canada, Respondent
Mark Shapiro, Counsel
Introduction
1These six Applications were all filed alleging discrimination in employment contrary to the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”).
2Following the filing of the Applications, pursuant to an order of the Superior Court dated June 22, 2017 (the “stay order”), issued under the authority of the Companies' Creditors Arrangement Act, R.S.C. 1985, c. C-36 (“CCAA”), all proceedings against the respondent have been stayed. The relevant provisions of the order, paras. 14 and 65, read as follows:
NO PROCEEDINGS AGAINST THE SEARS CANADA ENTITIES, THE BUSINESS OR THE PROPERTY
THIS COURT ORDERS that until and including July 22, 2017, or such later date as this Court may order (the ‘Stay Period”), no proceeding or enforcement process in any court or tribunal (each, a “Proceeding”) shall be commenced or continued against or in respect of the Sears Canada Entities or the Monitor or their respective employees and representatives acting in such capacities, or affecting the Business or the Property, except with the written consent of the Sears Canada Entities and the Monitor, or with leave of this Court, and any and all Proceedings currently under way against or in respect of the Sears Canada Entities or affecting the Business or the Property are hereby stayed and suspended pending further Order of this Court.
THIS COURT HEREBY REQUESTS the aid and recognition of any court, tribunal, regulatory or administrative body, having jurisdiction in Canada or in the United States, to give effect to this Order and to assist the Sears Canada Entities, the Monitor and their respective agents in carrying out the terms of this Order. All courts, tribunals, regulatory and administrative bodies are hereby respectfully requested to make such orders and to provide such assistance to the Sears Canada Entities and the Monitor, as an officer of this Court, as may be necessary or desirable to give effect to this Order, to grant representative status to the Monitor in any foreign proceeding, or to assist the Sears Canada Entities and the Monitor and their respective agents in carrying out the terms of this Order.
3By further order of the Court dated July 13, 2017, the stay period has been extended to October 4, 2017.
4Some Tribunal decisions have held that an order of the Superior Court under the CCAA staying proceedings is binding on the Tribunal. See James v. Target Canada, 2015 HRTO 429. Other decisions have held that given the purpose of the CCAA to permit the establishment of a protocol and the effective management of claims against an insolvent party that, binding or not, it is in any case appropriate for the Tribunal to cooperate with such orders. See Bazzo v. Essar Steel Algoma, 2016 HRTO 583 at paras. 6-11, Rijal v. Distinctive Designs Furniture, 2009 HRTO 297 at paras. [14-16](https://www.minicounsel.ca/hrto/2009/297