Logarajah Navaratnam v. Toronto Dominion Insurance (TD Insurance), 2008 HRTO 394

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Logarajah Navaratnam

Applicant

-and-

Toronto Dominion Insurance (TD Insurance)

Respondent

INTERIM DECISION

Adjudicator: Alan Whyte

Date: December 15, 2008

Citation: 2008 HRTO 394

Indexed as: Navaratnam v. Toronto Dominion Insurance

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 November 25, 2008 alleging discrimination on the basis of race, colour and disability in employment. A Request to Expedite Proceedings was filed with the Application. The respondent was identified as “Toronto Dominion Insurance (TD Insurance)”.

2Dealing first with the Request to Expedite Proceedings, Rule 21.1 indicates that such Request must describe:

(a) any urgent circumstances that may affect the fair and just resolution of the merits of the application;

(b) the harm that would result if the request is denied; and

(c) whether the other parties consent to the request.

3The applicant's Request to Expedite Proceedings is denied. The Request does not describe any urgent circumstances that may affect the fair and just resolution of the merits of the Application. Neither does it satisfactorily describe the harm that would result if the Request is denied.

4In its Response to Request to Expedite Proceedings, the respondent indicates that it has been wrongly named as the applicant's employer, and that the applicant was in fact employed by the Toronto Dominion Bank. It submits that the Toronto Dominion Bank is subject to federal jurisdiction, and that the Tribunal has no jurisdiction over this Application.

5The Tribunal therefore orders that:

(a) the applicant deliver to the respondent and file with the Tribunal submissions and any supporting documentation as to the proper name of his employer and as to whether his employer is subject to provincial or federal jurisdiction, by December 31, 2008;

(b) the respondent deliver to the applicant and file with the Tribunal reply submissions by January 12, 2009. The respondent is not required to file a full Response (Form 2) at this time.

6I am not seized of this matter.