Gordon Rubinoff v. Floyd Sinton Transportation Ltd., 2009 HRTO 226

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Gordon Rubinoff

Applicant

-and-

Floyd Sinton Transportation Ltd.

Respondent

INTERIM DECISION

Adjudicator: Jay Sengupta

Date: March 2, 2009

Citation: 2009 HRTO 226

Indexed as: Rubinoff v. Floyd Sinton Transportation

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 respondent discriminated against the applicant on the basis of family status in respect of employment.

2The Application was filed on July 14, 2008. On August 1, 2008, the Tribunal issued a ”Notice of Intent to Dismiss” under Rule 13.2 of the Tribunal’s Rules of Procedure for the reason that the respondent appeared to be a federally regulated business or service. The applicant did not make any submissions in response.

3On November 27, 2008, the Tribunal issued an Interim Decision indicating that as it was not plain and obvious that the matter fell under federal jurisdiction, the Tribunal would continue to deal with the Application, 2008 HRTO 318. That Interim Decision was not a final decision regarding the Tribunal’s jurisdiction.

4The Application was then sent to the respondent on December 15, 2008. When a Response was not received within the time allowed in the Rules of Procedure, a further Interim Decision was issued in which the respondents were directed to file a Response by February 13, 2009 along with an explanation about why the deadline for filing had been missed, 2009 HRTO 141.

5The respondents sent in a letter indicating that they are a federally regulated company operating under the Canada Labour Code, R.S., 1985, c. L-2 and seeking clarification about whether the Tribunal has jurisdiction over this Application before filing a Response.

6The Tribunal’s decision in Masood v. Bruce Power, 2008 HRTO 381 provides some guidance about the process by which a respondent who asserts that a particular matter falls within federal jurisdiction can raise it with the Tribunal.

7The Tribunal permits respondents in such cases, without filing a full Response, to deliver and file a Request for Order During Proceedings (Form 10) in accordance with the Tribunal’s Rules of Procedure, setting out the basis upon which it argues that the matter falls within federal jurisdiction and including all its arguments and evidence in support of this conclusion.

8Form 10 and the Rules of Procedure are available on the Tribunal’s website at www.hrto.ca, or from the Registrar.

9The respondent must file either a Response or its Request in accordance with the direction provided above by March 20, 2009.