Fernando Cabral v. Cooney Transport Limited, 2010 HRTO 364

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Fernando Cabral

Applicant

-and-

Cooney Transport Limited

Respondent

INTERIM DECISION

Adjudicator: Jay Sengupta

Date: February 17, 2010

Citation: 2010 HRTO 364

Indexed as: Cabral v. Cooney Transportation

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 disability in respect of employment.

2The Application was filed on October 20, 2009. On January 5, 2010, the Tribunal issued a ”Notice of Intent to Dismiss” (“NOID”) under Rule 13.2 of the Tribunal’s Rules of Procedure for the reason that the respondent appeared to be a federally regulated business or service. The Notice provided the applicant 30 days to make submissions.

3The applicant has filed submissions in response to the NOID. In it, he indicates that he has spoken to various federal and provincial departments and has been told that the respondent is provincially regulated.

4As it is not plain and obvious that the matter falls under federal jurisdiction, the Tribunal will continue to deal with the Application. This decision is not a final decision regarding the Tribunal’s jurisdiction.

5The Application will be sent to the respondent along with a copy of the NOID, the applicant’s response to the NOID and this Interim Decision. The Tribunal’s decision in Masood v. Bruce Power, 2008 HRTO 381, provides some guidance about the process by which a respondent who asserts that a particular matter falls within federal jurisdiction can raise it with the Tribunal.

6The Tribunal permits respondents in such cases, without filing a full Response, to deliver and file a Request for Order During Proceedings (Form 10) in accordance with the Tribunal’s Rules of Procedure, setting out the basis upon which it argues that the matter falls within federal jurisdiction and including all its arguments and evidence in support of this conclusion.

7Form 10 and the Rules of Procedure are available on the Tribunal’s website at www.hrto.ca, or from the Registrar.

8The respondent must file either a Response or its Request in accordance with the times contained in the Tribunal’s Rules of Procedure.