HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Maryse Poulin
Applicant
-and-
RBC Assurance Voyage, Suzanne Fredette, Lyna De Palma, and Martha Thurnill
Respondents
INTERIM DECISION
Adjudicator: Michelle Flaherty
Indexed as: Poulin v. RBC Assurance Voyage
WRITTEN SUBMISSIONS
Maryse Poulin, Applicant ) Self-represented )
RBC Assurance Voyage, Suzanne Fredette, )
Lyna De Palma, and Martha Thurnill, ) Annie G. Berthiaume, Counsel Respondents )
1The applicant filed an Application under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended, (the “Code”) in which she alleges discrimination in employment because of place of origin. She also alleges reprisal or threat of reprisal.
APPLICATION IS NOT DEFERRED
2On November 9, 2011, the Tribunal administratively issued a Notice of Intent to Defer (“Notice”) in light of an apparently ongoing matter under the Employment Standards Act 2000 (“ESA”). The Tribunal invited the parties to provide written submissions regarding the deferral issue and both parties have provided submissions in response to the Notice.
3The respondents advised that the ESA officer issued a decision on November 19, 2010 in favour of the corporate respondent, RBC Insurance. They submit that consideration of the Application should be deferred pending either 1) the expiry of the appeal period (December 19, 2010), or 2) should the Applicant appeal the ESA officer’s decision, the determination of the appeal.
4In her written submissions, filed on January 7, 2011, the applicant confirmed that she has not appealed the decision rendered under the ESA.
5In the circumstances, I find there is no basis to defer the Application.
NEXT STEPS
6The Application appears to raise issues relating to the Tribunal’s jurisdiction (power to decide). The corporate respondent appears to be a federal government department, agency or a federally regulated business or service. See, for example, Fillet v. L’Alliance de la fonction publique, 2010 HRTO 2501.
7Within 14 days of the date of this Interim Decision, the respondents may provide to the applicant and file with the Tribunal written submissions regarding the Tribunal’s jurisdiction to decide the issues raised in the Application.
8Within 21 days of the date of this Interim Decision, the applicant may provide to the respondents and file with the Tribunal written submissions regarding the Tribunal’s jurisdiction over the issues raised in the Application.
9If either party fails to provide submissions, the Tribunal may determine the jurisdiction issue based on the materials already filed.
10Finally, in their submissions in response to the Notice, the respondents have asked that the personal respondents be removed as parties to this matter. The applicant objects to this request. The Tribunal will not address this issue until the preliminary issue of jurisdiction has been determined.
11I am not seized of this matter.
Dated at Toronto, this 19th day of January, 2011.
”signed by”________________
Michelle Flaherty
Vice-chair