Christopher Chamberlain v. 2027467 Ontario Inc. o/a Cargo Direct Int’l and Paul Davison, 2008 HRTO 216

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

DECISION

Adjudicator: Ken Bhattacharjee

Date: October 31, 2008

Citation: 2008 HRTO 216

Indexed as: Chamberlain v. 2027467 Ontario Inc.

Human Rights Tribunal of Ontario 655 Bay Street, 14th 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

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. The respondents state that the Application should be dismissed because it is outside the jurisdiction of the Tribunal.

2In an Interim Decision in this matter, Chamberlain v. 2027467 Ontario Inc., 2008 HRTO 138, the Tribunal requested written submissions from the applicant to address the issue of the Tribunal’s jurisdiction. The applicant’s submissions were due on October 24, 2008. To date, the applicant has not filed submissions.

3Under Rule 13.1 of its Rules of Procedure, the Tribunal may dismiss an application that is outside its jurisdiction. Pursuant to subsection 92(10)(a) of the Constitution Act, 1867, transportation works and undertakings that extend beyond the limits of the province are within federal jurisdiction. The respondents claim 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. There is no evidence before me to suggest the contrary. For these reasons, I find that this Application is outside the jurisdiction of the Tribunal.

4The Application is dismissed.