Zvonimir Basic v. Bank of Montreal, 2009 HRTO 1522

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Zvonimir Basic

Applicant

-and-

Bank of Montreal

Respondent

DECISION

Adjudicator: Michelle Flaherty

Date: September 25, 2009

Citation: 2009 HRTO 1522

Indexed as: Basic v. Bank of Montreal

Written Submissions

Zvonmir Basic, Applicant ) On his own behalf

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 September 4, 2009 in which he alleges discrimination on the basis of disability in the context of goods, services and facilities.

2On September 11, 2009, the Tribunal issued a “Notice of Intent to Dismiss” under Rule 13.2 of its Rules of Procedure. It indicated that the Application appeared to be outside the Tribunal’s powers to decide (jurisdiction) on the basis that:

a. the respondent appeared to be a “federally regulated business or service”; and

b. the allegations contained in the Application did not appear to fall within the social area of “goods, services and facilities.”

3The Tribunal sought written submissions from the applicant regarding whether or not the Application should be dismissed. The applicant filed written submissions on September 16, 2009 and argued that the Tribunal should not dismiss his Application because it relates to a branch of the bank located in Ontario.

4The Code only applies to matters that fall within provincial, rather than federal, jurisdiction. The Canadian Human Rights Commission has power to deal with various human rights matters that fall under federal jurisdiction. Under s. 91(15) of the Constitution Act, 1867, the federal Parliament has jurisdiction over “Banking, Incorporation of Banks, and the Issue of Paper Money”. The Code therefore does not apply to banks, regardless of where they may be located. The Tribunal has no jurisdiction over this Application and, as a result, the Application is dismissed.

5Because of this conclusion, it is not necessary for me to consider whether the Application relates to the social ground of “goods, services, and facilities”.