Tribunal declined to dismiss application at preliminary stage as jurisdiction over respondent was arguable.
The applicant filed an application alleging discrimination in services on the basis of disability against TD Waterhouse.
The Tribunal issued a Notice of Intent to Dismiss on the basis that the respondent may be a federally regulated business.
The applicant provided a letter from the Canadian Human Rights Commission suggesting TD Waterhouse is provincially regulated for its day-to-day security operations.
The Tribunal found it was not plain and obvious that the Application fell outside its jurisdiction and ordered the Application to be processed.
Moshe Fishkin on behalf of David Fishkin v. TD Waterhouse, 2013 HRTO 1097