Cochrane v. Workplace Safety and Insurance Board, 2009 HRTO 1596

Human Rights Tribunal of Ontario

B E T W E E N:

Timothy Cochrane

Applicant

-and-

Workplace Safety and Insurance Board and James Strachan

Respondents

INTERIM DECISION

Adjudicator: David A. Wright

Date: October 2, 2009

Citation: 2009 HRTO 1596

Indexed as: Cochrane v. Workplace Safety and Insurance Board

1This is an Application under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the "Code"). The application names the Workplace Safety and Insurance Board and one of its adjudicators as respondents.

2On July 23, 2009, the Tribunal issued a Notice of Intent to Dismiss, which noted that the Application appeared to relate to an adjudication by another statutory body, and directed the applicant to the decisions in Baird v. Workplace Safety and Insurance Board, 2009 HRTO 99, Christianson v. Ontario (IPC), 2009 HRTO 203, and Bulimaibau v. Workplace Safety and Insurance Board, 2009 HRTO 413.

3At this stage of the proceedings (before the Application has been delivered to the respondent), the Tribunal will only dismiss an Application if it is "plain and obvious" that it is outside its jurisdiction: Morin c. Alliance de la function publique du Canada, 2008 HRTO 58; Hotte v. Ontario (Finance), 2008 HRTO 63. In Zaki v. Ontario (Community and Social Services), 2009 HRTO 1595, released concurrently, the Tribunal addressed the issue of statutory decisions and the definition of "services" under s. 1 of the Code. In view of the principles discussed in Zaki, it is not plain and obvious that this matter falls outside the Tribunal's jurisdiction. Accordingly, the tribunal will continue to deal with the Application.

4I am not seized.