Andre Dragon v. SUM Media Corp. aka SUM Media.Com Inc., 2001 CanLII 12372

0814-01-ES- Andre Dragon, Applicant v. SUM Media Corp. aka SUM Media.Com Inc.,. and Ministry of Labour, Responding Parties.

Employment Practices Branch File No. 32007347

BEFORE: Laura Trachuk, Vice‑Chair.

APPEARANCES: Andre Dragon and Hal Greenson for the applicant; No one appeared for SUM Media Corp. aka SUM Media.Com Inc.; Richard Housen for the Ministry of Labour.

DECISION OF THE BOARD; November 26, 2001

This is an employee request for review of a decision by an Employment Standards Officer not to issue an Order to Pay. The application was scheduled for hearing on November 23, 2001. At the hearing the Board noted that the applicant had provided documents showing that the responding party had filed an assignment in bankruptcy on May 10, 2001 and that a trustee had been appointed. However, the trustee had not been given notice of the hearing.
The applicant took the position that the matter should proceed in the absence of the trustee, even though it had not been given notice of the proceeding. The Ministry of Labour submitted that the matter should be adjourned to give notice to the trustee. The Board was also of the view that notice should be given to the trustee. The hearing was therefore adjourned.
The hearing has now been scheduled for January 17, 2002. It will take place at 9:30 a.m., in the 2^nd Floor “Boardroom”, 505 University Avenue, Toronto, Ontario. The Board hereby directs that a copy of this decision and the application for review be provided to the trustee at the following address:

Ernst & Young Inc.

Trustee of the Estate of SUM Media Corp., Bankrupt

Pacific Centre

P.O. Box 10101

700 West Georgia Street

Vancouver, Canada

V7Y 1C7

The trustee is hereby directed to advise the Board and the other parties if it plans to participate in this matter. The addresses of the applicant and the Ministry of Labour are as follows:

Ms. Joanne L. McMahon

Racioppo Zuber Coetzee Dionne

Barristers and Solicitors

3660 Huroontario Street

8^th Floor

Mississauga, Ontario

L5B 3C4

Mr. Andre Dragon

214 Monarch Park Avenue

Toronto, Ontario

M4J 4S1

Mr. Richard Housen

Ministry of Labour

Legal Branch

400 University Avenue

11^th Floor

Toronto, Ontario

M7A 1T7

I am not seized of this matter.

“Laura Trachuk“

for the Board