Stephanie Carbone v. Vince Bruzzese, 2009 HRTO 2042

Human Rights Tribunal of Ontario

B E T W E E N:

Stephanie Carbone

Applicant

-and-

Vince Bruzzese

Respondents

INTERIM DECISION

Adjudicator: David A. Wright Date: November 27, 2009 Citation: 2009 HRTO 2042 Indexed as: Carbone v. Bruzzese

1This is an Application under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19 as amended, (the “Code). In the narrative, the applicant alleges, among other things that she was laid off for lack of work after she was off work at the respondent’s salon as a result of injuries she sustained in an automobile accident.

2In the section of the Application relating to the grounds of discrimination claimed, the applicant alleges reprisal. The Tribunal issued a Notice of Intent to Dismiss pursuant to Rule 13.2, dated October 7, 2009. The Notice stated that it appeared that the Application was outside of the Tribunal’s jurisdiction because it did not allege a ground or area of discrimination under the Code.

3From the applicant’s narrative, it appears that the Application does not in fact allege reprisal under the Code. Reprisal, under s. 8 of the Code, means a reprisal for enforcing Code rights, participating in Code proceedings, or refusing to infringe another person’s Code rights. However, it also appears that the Application does, in fact, make allegations of discrimination on the basis of disability.

4Accordingly, I find that it is not plain and obvious that the Application is outside the Tribunal’s jurisdiction. Accordingly, the Tribunal will continue to deal with the Application, which shall be treated as alleging discrimination on the ground of disability. This is not a final decision regarding the Tribunal’s jurisdiction over the Application: see Rule 13.5.

5The applicant may wish to consult the Applicant’s Guide, available on the Tribunal’s website or from the Registrar’s office. Pages 2-3 of the Guide set out sources of assistance that may be available to her.

6I am not seized.