Bonnie Boivin v. Cooper Personnel Services of Walden Ltd., 2009 HRTO 1791

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Bonnie Boivin

Applicant

-and-

Cooper Personnel Services of Walden Ltd., Tyson Gilchrist and Phil Dangerfield

Respondents

DECISION

Adjudicator: Jay Sengupta

Date: October 27, 2009

Citation: 2009 HRTO 1791

Indexed as: Boivin v. Cooper Personnel Services of Walden

1This is an Application under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”) which alleges that the respondents discriminated against the applicant on the basis of race, colour, ancestry, place of origin, citizenship, ethnic origin, disability, creed, family status, marital status and age in respect of employment. The respondent has filed a Response but takes the position that the Application should be dismissed because it is outside the jurisdiction of the Tribunal.

2The respondent has filed materials supporting its claim that it is a federally regulated business and the deadline for the applicant to send a response to those materials has now passed.

3The respondent company states that it is a federally regulated business and has provided a letter from the federal government confirming that the business is subject to federal jurisdiction for the purposes of labour legislation. The letter states that the Canada Labour Code, Part III, applies to the respondent company because it is providing services exclusively to a federal work.

4Under Rule 13.1 of its Rules of Procedure, the Tribunal may dismiss an application that is outside its jurisdiction. The respondents claim that the corporate respondent is a federal undertaking for the reasons stated above and the matters raised in the Application are therefore subject to the Canadian Human Rights Act, R.S.C. 1985, c. H-6 as amended. There is no evidence before me to suggest the contrary. For these reasons, I find that this Application is outside the jurisdiction of the Tribunal.

5The Application is dismissed.