Human Rights Tribunal of Ontario
B E T W E E N:
Christopher Chamberlain
Applicant
-and-
2027467 Ontario Inc. o/a Cargo Direct Int’l and Paul Davison
Respondents
INTERIM DECISION
Adjudicator: Ken Bhattacharjee
Indexed as: Chamberlain v. 2027467 Ontario Inc.
Human Rights Tribunal of Ontario
655 Bay Street, 14^th^ Floor
Toronto ON M7A 2A3
Phone (416) 326-1312 / 1-866-598-0322 Fax (416) 326-2199 / 1-866-355-6099
TTY (416) 314-2379 / 1-800-424-1168
E-mail hrto.registrar@ontario.ca
Website www.hrto.ca
WRITTEN SUBMISSIONS BY
2027467 Ontario Inc. o/a Cargo Direct Int’l ) Miriam D. Isenberg,
and Paul Davison, Respondents ) Counsel
1The applicant filed an Application under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended, dated July 23, 2008.
2The respondents state that the Application should be dismissed because the Tribunal does not have jurisdiction. They argue that the corporate respondent is a federal undertaking because it operates a trucking business between the Province of Ontario and the United States of America, and the matters raised in the Application are therefore subject to the Canadian Human Rights Act, R.S., 1985, c. H-6, as amended.
3The Tribunal requests written submissions from the applicant to address the issue of the Tribunal’s jurisdiction. The respondents are not required to file any further submissions on this point unless directed to do so by the Tribunal.
4The applicant’s submissions should be delivered to the respondents and filed with the Tribunal by October 24, 2008. Following receipt of the submissions, or if the applicant does not provide submissions by the date set, the Tribunal may consider whether the Application should be dismissed under Rule 13.1 of the Tribunal’s Rules of Procedure, which permits it to dismiss an application that is outside its jurisdiction.
5I am not seized of this matter.
Dated at Toronto, this 9^th^ day of October, 2008.
“Signed by”
Ken Bhattacharjee
Vice-Chair