Louis v. Allied International Credit, 2009 HRTO 1128

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Stephanie Louis

Applicant

-and-

Allied International Credit

Respondent

DECISION

Adjudicator: Judith Keene Date: July 23, 2009 Citation: 2009 HRTO 1128 Indexed as: Louis v. Allied International Credit

1On May 25, 2009, the Registrar sent a Notice of Intent to Dismiss to the applicant advising that the completed Application does not allege a ground or area of discrimination under the Human Rights Code, R.S.O. 1990, c. H.19, as amended, (the “Code”). The Registrar’s Notice requested submissions from the applicant as to why the applicant believed that the Application raised matters within the Tribunal’s jurisdiction, indicated that the Tribunal would review the applicant’s submissions before deciding whether to dismiss or proceed with the Application, and directed that submissions must be received within 30 days from May 25, 2009. To date, the Tribunal has not received submissions from the applicant.

2In this Application, the applicant alleges “reprisal or threat of reprisal” in the provision of services. The applicant describes abusive calls from a collection agency.

3Section 8 of the Code, which prohibits reprisals or threats of reprisal, states:

Every person has a right to claim and enforce his or her rights under this Act, to institute and participate in proceedings under this Act and to refuse to infringe a right of another person under this Act, without reprisal or threat of reprisal.

4The applicant does not allege that the respondent’s behaviour was in response to any of the following:

• Claiming or enforcing a right under the Code;
• Instituting or participating in proceedings under the Code; or
• Refusing to infringe the right of another person.

5Moreover, the applicant has identified no ground of discrimination or basis upon which she alleges that the Code was violated. The grounds of discrimination listed in the Code in respect of services are race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, age, marital status, family status and disability.

6The Tribunal does not have a general power to deal with alleged poor service, but hears only applications that allege violations of the Code. Accordingly, the Application is dismissed pursuant to Rule 13.1 of the Tribunal’s Rules of Procedure.