Christine Longtin v. Scotiabank and Ginger Robinson, 2010 HRTO 873

Human Rights Tribunal of Ontario

B E T W E E N:

Christine Longtin

Applicant

-and-

Scotiabank and Ginger Robinson

Respondents

DECISION

Adjudicator: Ken Bhattacharjee

Date: April 22, 2010

Citation: 2010 HRTO 873

Indexed as: Longtin v. Scotiabank

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 October 20, 2009, which alleges that the respondents discriminated against her with respect to housing and services. The purpose of this Decision is to decide whether the Application is within the Tribunal’s jurisdiction.

2On February 19, 2010, the Tribunal’s Registrar issued the applicant a Notice of Intent to Dismiss, which informed her that the Application appears to be outside of the Tribunal’s jurisdiction because Scotiabank appears to be a federally regulated business or service. The Tribunal invited the applicant to provide written submissions within 30 days to explain why the Application is within the Tribunal’s jurisdiction. To date, the Tribunal has not received any submissions from the applicant.

3Under Rule 13.1 of its Rules of Procedure, the Tribunal may dismiss an application that is outside its jurisdiction. Pursuant to subsection 91(15) of the Constitution Act, 1867, banking is within federal jurisdiction. Therefore, the Code does not apply to banks.

4Furthermore, in previous cases involving the same bank, the Tribunal has decided that it does not have jurisdiction over the Application: see Gill v. Bank of Nova Scotia, 2009 HRTO 1106 and Abramova v. Bank of Nova Scotia, 2010 HRTO 660.

5Accordingly, I find that the Tribunal has no jurisdiction over this Application, and it is therefore dismissed.