Triston Darrall v. ASL Distribution Services Ltd., 2009 HRTO 1761

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Triston Darrall

Applicant

-and-

ASL Distribution Services Ltd.

Respondent

DECISION

Adjudicator: Mary Truemner

Date: October 23, 2009

Citation: 2009 HRTO 1761

Indexed as: Darrall v. ASL Distribution Services

1The applicant filed an Application under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended, on July 09, 2009. The respondent states that the Application should be dismissed because it is outside the jurisdiction of the Tribunal.

2Under Rule 13.1 of its Rules of Procedure, the Tribunal may dismiss an application that is outside its jurisdiction. Pursuant to subsection 92(10)(a) of the Constitution Act, 1867, transportation works and undertakings that extend beyond the limits of the province are within federal jurisdiction. The respondent states that it is a federal undertaking because it operates a trucking and transportation business inter-provincially and internationally.

3The applicant filed a Response objecting to a dismissal because the Tribunal lacks jurisdiction, but he did not dispute the respondent’s description of its business and provided no evidence to suggest the respondent is not a federally regulated transportation business as it claims. Based on the material before me, I find that this Application is outside the jurisdiction of the Tribunal.

4The Application is dismissed.