Aleksander Piernicki v. Jason Hunt, 2008 HRTO 235

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Aleksander Piernicki Applicant

-and-

Jason Hunt Respondent

INTERIM DECISION

Adjudicator: Ken Bhattacharjee Date: November 5, 2008 Citation: 2008 HRTO 235 Indexed as: Piernicki v. Hunt

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

1The applicant filed an Application under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended, (the “Code”), on August 13, 2008, alleging discrimination with respect to employment. The respondent filed a Response on October 15, 2008. The purpose of this Interim Decision is to give the applicant’s former employer notice of the proceeding, and to request a statement of facts and submissions on whether the Application is within the Tribunal’s jurisdiction.

Notice of the Proceeding

2Rule 1.7(f) of the Tribunal’s Rules of Procedure states that the Tribunal may direct that notice of a proceeding be given to any person or organization. Both parties state that they were employed by Trans-Frt. McNamara Inc., but the applicant did not name it as a respondent organization, and the respondent did not name it as an affected organization. In my view, Trans-Frt. McNamara Inc. may be affected by the proceeding, and should therefore be given notice in accordance with the Order below.

Jurisdiction

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, and the Tribunal has no power to determine cases involving such entities. Both parties state that the applicant drove a truck between the Province of Ontario and the United States of America, but neither party has addressed the issue of jurisdiction. The Tribunal therefore requires a statement of facts from Trans-Frt. McNamara Inc. and submissions from the applicant with respect to the issue of jurisdiction in accordance with the Order below.

Order

4The Tribunal makes the following Order:

(a) The Registrar is directed to provide a copy of the Application and this Interim Decision to the Human Resources/Legal Department of the Ontario head office of Trans-Frt. McNamara Inc. It may make a Request to Intervene in the proceeding within 35 days of today’s date by filing a Form 5.

(b) Rule 1.7(p) of the Tribunal’s Rules of Procedure authorizes the Tribunal to require any person to produce information in order to provide for the fair, just and expeditious resolution of any matter before it. Trans-Frt. McNamara Inc. is therefore directed to deliver to the parties and file with the Tribunal by November 24, 2008 a statement of facts in relation to this Application, which addresses whether Trans-Frt. McNamara Inc.’s trucking business extends beyond the borders of the Province of Ontario.

(c) The applicant is directed to deliver to the respondent and file with the Tribunal by December 13, 2008 written submissions, which address whether the Application is within the Tribunal’s jurisdiction. The respondent is not required to file any submissions on this point unless directed to do so by the Tribunal.

5The applicant may wish to review the Tribunal’s Applicant’s Guide and its Rules of Procedure, which are available on the Tribunal’s website at www.hrto.ca, before preparing his submissions.

6I am not seized of this matter.