Adel Gololi v. OC Transpo, 2010 HRTO 1734

Human Rights Tribunal of Ontario

B E T W E E N:

Adel Gololi Applicant

-and-

OC Transpo Respondent

DECISION

Adjudicator: Kathleen Martin Date: August 23, 2010 Citation: 2010 HRTO 1734 Indexed as: Goloii v. OC Transpo

1This is an Application filed on March 24, 2010 under s. 34 of Part IV of the Human Rights Code, R.S.O. 1990, c. H.19 as amended (the "Code"), alleging discrimination in employment arising from the applicant's application for employment with the respondent.

2The respondent filed a Request for Order During Proceeding on July 19, 2010, seeking dismissal of the Application on the basis that the respondent is a federal undertaking pursuant to subsection 92(10)(a) of the Constitution Act. The respondent states that its services extend beyond the Ontario border and therefore the Application should have been made to the Canadian Human Rights Commission and not the Tribunal. Attached to the Request are copies of decisions in support of its contention. See Morgan v. Ottawa (City), 2008 HRTO 145 and A.T.U. Local 279 v. Ottawa –Carleton Regional Transit Commission (1983), 1983 CanLII 1936 (ON CA), 44 O.R.(2d) 560 (Ont. C.A.).

3The Request was served on the applicant. No response has been received and the time for responding has elapsed.

4The Code only applies to matters that fall within provincial, rather than federal, jurisdiction. The Canadian Human Rights Commission has power to deal with various human rights matters that fall under federal jurisdiction. In the case of this particular named respondent, the Tribunal has previously accepted that it is federally regulated and as such, falls outside of the Tribunal's jurisdiction. Further, the Ontario Court of Appeal has held that the respondent is a federal undertaking.

5Accordingly, the Application is dismissed as it is outside of the Tribunal's jurisdiction.