Maeder v. TD Canada Trust, 2010 HRTO 19

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Susan Maeder

Applicant

-and-

TD Canada Trust and Jo-Anne Bond

Respondents

DECISION

Adjudicator: Brian Cook

Date: January 6, 2010

Citation: 2010 HRTO 19

Indexed as: Maeder v. TD Canada Trust

1The applicant filed an Application under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), on July 22, 2009 alleging discrimination in respect of services.

2Following delivery of the Application to the respondents, the Tribunal received a Request for Order during Proceedings, requesting that the Application be dismissed on the grounds that the corporate respondent is a bank, regulated under the federal Bank Act, S.C. 1991, c.46, and therefore falls exclusively under federal jurisdiction.

3The applicant did not file submissions in response to the Request.

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. Under s. 91(15) of the Constitution Act, 1867, the federal Parliament has jurisdiction over “Banking, Incorporation of Banks, and the Issue of Paper Money”.

5In this case, the corporate respondent is a bank. It is plain and obvious that federal and not provincial human rights law governs the relationship between the bank and the applicant. The personal respondent is employed by the corporate respondent and the allegations relate to things she did in the course of her employment. The Application as it relates to the personal respondent therefore also relates to matters that are under federal rather than provincial jurisdiction. Accordingly, the Tribunal has no jurisdiction over this Application and, as a result, the Application is dismissed.