Mike Gothard v. Andrew Clowater, 2010 HRTO 2346

Human Rights Tribunal of Ontario

B E T W E E N:

Mike Gothard

Applicant

-and-

Andrew Clowater

Respondent

DECISION

Adjudicator: Judith Keene Date: November 25, 2010 Citation: 2010 HRTO 2346 Indexed as: Gothard v. Clowater

1The applicant filed an Application filed on May 19, 2010, under section 34 of Part IV of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”). The Application claimed reprisal in employment. It named an Organization Respondent contact person, but lacked information that would identify the organization in question. In addition, the Application failed to identify a personal characteristic relevant to the grounds of discrimination in the Code. Finally, the Application appeared possibly to be a duplicate of another Application filed by the applicant.

2On September 14, 2010, the Tribunal issued a Notice that the Application was incomplete, and a Notice of Intent to Dismiss to the applicant, with the above-noted information. It directed the applicant to provide submissions responding to issues raised in the Notice. The Notice advised the applicant that if he did not provide clarification, the Tribunal would not proceed with the Application and it would be returned to him.

3The applicant sent a response to the Tribunal, which was received on October 12, 2010. The applicant identified the name of the organization as “Andrew Clowater”, but failed to respond to the Notice of Intent to Dismiss.

4The Tribunal’s jurisdiction is based on the Code, which prohibits discrimination in the areas of accommodation, services, goods and facilities, and employment on the basis of grounds listed in the Code. In employment, those grounds are race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, age, record of offences, marital status, family status and disability. Clearly the applicant feels that he has been treated unfairly, but he does not allege that the actions to which he objects were taken because of an attempt on his part “to claim and enforce his or her rights under this Act”. The Tribunal does not have a general power to inquire into claims of unfairness outside the areas and grounds listed in the Code.

5I find that the Application does not raise matters which the Tribunal has the power to decide. Accordingly, I dismiss the Application.