Wayland v. Bell, 2008 HRTO 209

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Robert Wayland

Applicant

-and-

Marjorie Bell

Respondents

INTERIM DECISION

Adjudicator: Mary Truemner

Date: October 30, 2008

Citation: 2008 HRTO 209

Indexed as: Wayland v. Bell

Human Rights Tribunal of Ontario 655 Bay Street, 14^th Floor Toronto, ON M7A 2A3 Phone (416) 326-1312 /Toll free 1-866-598-0322 Fax (416) 326-2199 / Toll free 1-866-355-6099 TTY (416) 326-2027/ Toll free 1-866-607-1240 E-mail hrto.registrar@ontario.ca Website www.hrto.ca

1The applicant filed an Application under section 34 of Part IV of the Human Rights Code, R.S.O. 1990, c. H.19 as amended, (the “Code”) on August 29, 2008.

2On October 17, 2008, the respondent filed a Response indicating that matters raised in the Application do not raise human rights issues. The applicant has not yet filed a Reply, but the material before the Tribunal raises issues about whether the Tribunal has any jurisdiction over the matters raised in the Application.

3In his Application, the applicant alleges discrimination based on citizenship, creed, sex, family status and age in the area of contracts. The incidents relied upon in the Application are described very vaguely and, without better explanation, appear to raise issues unrelated to the identified Code grounds. The Application fails to explain how the respondent’s alleged treatment of the applicant is connected to his citizenship, creed, sex, family status or age.

4The Tribunal’s jurisdiction (power) is based on the Code, which prohibits discrimination in accommodation, services, goods and facilities, and employment on the basis of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, age, record of offences, marital status, family status or disability. The Tribunal does not have a general power to inquire into claims of unfairness which are outside of its jurisdiction.

5In the circumstances, the Tribunal requires the applicant to provide written submissions explaining how the allegations in his Application relate to discrimination on the basis of citizenship, creed, sex, family status and age, and how they are therefore within the Tribunal’s power to decide.

6The applicant must mail or courier these submissions to the respondent and file them with the Tribunal no later than 30 days from the date of receipt of this decision.

7Within 45 days of this decision, the respondent is directed to provide her submissions, if any, in response.

8The Tribunal draws the applicant’s attention to the “Applicant’s Guide” and in particular to sources of legal assistance and representation available to applicants, including support that may be available through the Human Rights Legal Support Centre. The Guide and links to other sources of information are available on the Tribunal’s website, www.hrto.ca, or from the Registrar whose contact information is contained on the cover page of this decision.

9I am not seized of this matter.