Pierce v. Lower Lakes Towing Ltd., 2011 HRTO 134

Human Rights Tribunal of Ontario

B E T W E E N:

James Pierce

Applicant

-and-

Lower Lakes Towing Ltd. and Casey Fitzpatrick

Respondents

DECISION

Adjudicator: Ena Chadha

Date: January 19, 2011

Citation: 2011 HRTO 134

Indexed as: Pierce v. Lower Lakes Towing

1The applicant filed an Application under section 34 of the Ontario Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), on September 8, 2010. The applicant alleges that he experienced disability discrimination in his employment as a boat deckhand.

2The respondents filed a Response on December 17, 2010. The respondents submit that the Application should be dismissed on an early basis because the corporate respondent is a federally regulated business providing bulk freight shipping services inter provincially and to the United States. The respondents submit that the company is governed by the Canada Labour Code and the Canadian Human Rights Act. The respondents note that the applicant has also commenced a federal human rights complaint making the same allegations as contained in the current Application.

3On December 20, 2010, the Tribunal issued a Notice of Intent to Dismiss to the applicant. The Notice advised the applicant that the Application appears to be outside the Tribunal’s jurisdiction because the respondent appears to be a federally regulated business or service. The Tribunal invited the applicant to provide written submissions no later than January 3, 2011 addressing the issue of jurisdiction. The Tribunal further advised that it the applicant did not file written submissions by that deadline the Tribunal may make its decision based only on the information in the Application and or may consider the failure to respond as an abandonment of the Application.

4The applicant has not responded to the Tribunal’s correspondence and the timeline for providing written submissions has elapsed. In the circumstances, the applicant is deemed to have abandoned the Application.

5Further, the Tribunal has no jurisdiction to proceed with this Application. The Code only applies to matters that fall within provincial jurisdiction and does not apply to federally regulated businesses. Pursuant to subsection 92(10)(a) of the Constitution Act, 1867, (U.K.), 30 & 31 Victoria, c. 3, (the “Constitution”), shipping that extends beyond the limits of a province is a matter within federal jurisdiction.

6Accordingly, the Application is dismissed.