Ricardo Hackett v. David Reynolds, 2008 HRTO 441

Human Rights Tribunal of Ontario

Between:

Ricardo Hackett, Applicant

-and-

David Reynolds, Respondent

Interim Decision

Adjudicator: Naomi Overend Date: December 30, 2008 Citation: 2008 HRTO 441 Indexed as: Hackett v. Reynolds

1The applicant filed an Application on July 21, 2008 under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the "Code"), alleging discrimination in employment by the respondent, David Reynolds. Although David Reynolds was the applicant's supervisor, and the Application alleges conduct with respect to his behaviour in the course of employment, the applicant does not name his employer, Bell Canada, as a respondent to this Application.

2The Response was prepared by counsel to Bell Canada on behalf of the respondent. In the Response, the respondent indicates that the matter would be best addressed by the Canadian Human Rights Commission, but does not expand upon this assertion. If it is the respondent's position that the matter falls under federal rather than provincial jurisdiction, he should file a Request for Order During Proceedings (Form 10) seeking dismissal of the Application.

3As indicated in this Tribunal's earlier decision, Masood v. Bruce Power, 2008 HRTO 381, while it is sometimes apparent on its face that a matter lies within federal or provincial jurisdiction, in many cases it is necessary to obtain information from the respondent about the nature of its business in order to make that determination. In this case, the Tribunal requires such further information from the respondent.

4Accordingly, the Tribunal orders the following:

a. If the respondent's position is that this matter falls under federal rather than provincial jurisdiction, the respondent shall deliver and file a Request for Order During Proceedings (Form 10) setting out the basis on which he argues the matter falls under federal jurisdiction, in accordance with the Tribunal's Rules of Procedure, by January 15, 2009.

b. In the event that such a Request for Order During Proceedings is delivered and filed, the applicant may deliver and file a Response to Request for Order (Form 11) on or before January 29, 2009, in accordance with the Tribunal's Rules of Procedure.

5The applicant may wish to consult the Applicant's Guide, available on the Tribunal's website or from the Registrar's office. Pages 2-3 of the Guide set out sources of assistance that may be available to him.

6I am not seized of this matter.