Gordon Rubinoff v. Floyd Sinton Transportation Ltd., 2009 HRTO 712

Human Rights Tribunal of Ontario

Between:

Gordon Rubinoff Applicant

-and-

Floyd Sinton Transportation Ltd. Respondent

Decision

Adjudicator: Jay Sengupta Date: May 29, 2009 Citation: 2009 HRTO 712 Indexed as: Rubinoff v. Floyd Sinton Transportation

Reasons for Decision

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. 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 states that it is a federally regulated business because some of its vehicles cross provincial and national boundaries. The respondent indicates that while the part of its fleet of vehicles that transport students generally remains inside the province, the same vehicles are occasionally chartered to travel outside the province. The balance of the fleet is made up of highway coaches and limousines which can be chartered to cross provincial and national boundaries.

5Furthermore, the respondent points out that it is registered with the federal government under their Legislated Employment Equity Program and, that under the rules of that program, it submits annual employment equity reports to the federal Minister of Labour.

3Under Rule 13.1 of its Rules of Procedure, the Tribunal may dismiss an application that is outside its jurisdiction. Pursuant to subsection 92(10)(a) of the Constitution Act, 1867, transportation works and undertakings that extend beyond the limits of the province are within federal 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., 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.

4The Application is dismissed.