Ontario Labour Relations Board
Between: The United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, Local 46, Applicant v. Bennett & Wright Group Inc., Responding Party.
Before: David A. McKee, Vice-Chair, and Board Members J. G. Knight and G. McMenemy.
DECISION OF THE BOARD; April 17, 2001
1This is an application for the referral of a grievance to arbitration pursuant to section 133 of the Labour Relations Act, 1995, S.O. 1995 ch. 1 (the "Act"). The counsel to the trustee in bankruptcy of the estate of the responding party has sent a letter to the Board indicating that the responding party has made an assignment in bankruptcy. He refers to section 69 of the Bankruptcy and Insolvency Act, RSC 1977 c. 12, (the "BIA") and asserts that the hearing set for this matter may not proceed.
2Section 69.3 of the BIA (which seems to be what counsel refers to) provides, in part:
...on the bankruptcy of any debtor, no creditor has any remedy against the debtor or the debtor's property, or shall commence or continue any execution or other proceedings, for the recovery of a claim provable in bankruptcy, until the trustee has been discharged.
3The applicant is directed to make submissions to the Board with respect to this submission on or before April 19, 2001.
"David A. McKee"
for the Board