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Wayne Carlow v. Township of Asphodel-Norwood, 2009 HRTO 730

June 1, 2009

Wayne Carlow v. Township of Asphodel-Norwood, 2009 HRTO 730

Case Summary

The applicant filed an application alleging that the respondent township failed to adequately respond to the contamination of his water supply and treated him differently from others. The Tribunal issued a Notice of Intent to Dismiss for lack of jurisdiction. The Tribunal dismissed the application, finding that the allegations did not relate to any specified grounds of discrimination under the Human Rights Code.

Human Rights Tribunal of Ontario

B E T W E E N:

Wayne Carlow Applicant

-and-

Township of Asphodel-Norwood Respondent

decision

Adjudicator: Brian Cook

Date: June 1, 2009

Citation: 2009 HRTO 730

Indexed as: Carlow v. Asphodel-Norwood (Township)

[1] This Decision deals with an Application under section 34 of the Human Rights Code, R.S.O. 1990, c. H.19 as amended, (the “Code”). The Application was filed on April 20, 2009. The Tribunal issued a Notice of Intent to Dismiss because it appeared that the Tribunal does not have the jurisdiction to deal with the matters raised in the Application because they do not relate to matters that are covered by the Code. The applicant made submissions on May 10, 2009. Those submissions have been reviewed and this Decision determines the jurisdiction issue.

[2] The applicant alleges that the water supply on his property has been contaminated and that the Township has not adequately responded to the situation. He alleges that he has been treated differently in this respect from others in the same situation.

[3] The Code does not deal with all forms of differential treatment. It deals only with specified grounds of discrimination, none of which are alleged in the Application. As a result, the Tribunal does not have the power or jurisdiction to deal with the Application. The Application must be dismissed because the Tribunal does not have the jurisdiction to deal with it.

Dated at Toronto, this 1^st day of June, 2009.

“Signed By”

Brian Cook

Vice-chair