Bailey v. Buff-Mar Cartage Ltd. o/a Speedy Transport, 2009 HRTO 410

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Devon Bailey

Applicant

-and-

Buff-Mar Cartage Ltd. o/a Speedy Transport, Fred Jephson, Tyrone Balgobin and Peter Eld

Respondents

DECISION

Adjudicator: Kaye Joachim

Date: April 9, 2009

Citation: 2009 HRTO 410

Indexed as: Bailey v. Buff-Mar Cartage

1The applicant filed an Application on December 4, 2008 under s. 53(3) of Part VI of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”).

2The respondents filed a Response setting out the correct name of the corporate respondent. The Application is amended to reflect the correct legal name of the corporate respondent.

3The corporate respondent asserted that it is a federally regulated organization and its actions were not within the jurisdiction of the Tribunal. The Tribunal invited written submissions from the parties and received the respondents’ submissions on March 17, 2009. The applicant did not provide any written submissions.

4The corporate respondent submitted that it is a federal undertaking pursuant to subsection 92(10)(a) of the Constitution Act, 1867 because its services extend beyond the Ontario border, and that the matters raised in the Application are therefore subject to the Canadian Human Rights Act, R.S.C, 1985, c. H-6, as amended.

5The corporate respondent also filed an operating Licence issued by the Ontario Ministry of Transportation authorizing, among other things, the carriage of goods into, out of or through Ontario for extra-provincial movement, as well as for the carriage of goods between points in Ontario. It also submitted confirmation of its registration with the Quebec Transport Commission and the United Sates Interstate Commerce Commission.

6On the basis of the uncontradicted evidence submitted by the respondents, I find that the corporate respondent is a federal undertaking today and that the matters raised in the Application are therefore not within the Tribunal’s jurisdiction. For these reasons, I find that this Application is outside the jurisdiction of the Tribunal.

7The Application is dismissed.