David Davies v. Compton Cable T.V. Limited and Edward Olsen, 2009 HRTO 7

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

David Davies

Applicant

-and-

Compton Cable T.V. Limited and Edward Olsen

Respondents

INTERIM DECISION

Adjudicator: Naomi Overend Date: January 5, 2009 Citation: 2009 HRTO 7 Indexed as: Davies v. Compton Cable T.V.

1The applicant filed an Application on October 25, 2008 under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended, (the “Code”), alleging discrimination in employment by the respondents. The Response, filed by the respondents on November 19, 2008, states that the respondent organization is a federally regulated undertaking and, accordingly, the Application should be dismissed. No Request for Order During Proceedings (Form 10) was filed asking for this relief.

2The applicant’s Reply notes that he initially contacted the Canadian Human Rights Commission, but was told that his complaint was outside its jurisdiction and advised to contact this Tribunal. Subsequent to filing this Application, the applicant has filed a complaint to the Canadian Human Rights Commission based on the same facts as set out in this Application. He requests that the Tribunal defer this Application “until such time as the matter has been resolved under the Canadian Human Rights Act” given the uncertainty about whether the subject matter of his Application falls under federal or provincial jurisdiction.

3Prior to making a determination on the applicant’s request, the respondents will be afforded the opportunity to make any further submissions on whether this matter should be deferred pending the resolution under the Canadian Human Rights Act of the applicant’s matter. The respondents are directed to deliver and file their submissions on the deferral request, if any, by January 19, 2009. The applicant may reply to the respondents’ submissions within seven days of receipt of them.

4I am not seized of this matter.