Speziale v. Royal Canadian Legion, 2011 HRTO 1963

Human Rights Tribunal of Ontario

B E T W E E N:

Rico Speziale Applicant

• and -

Royal Canadian Legion, Norris Piccinato, Robert Bagacki and Robert Boland Respondents

Interim Decision

Adjudicator: Ena Chadha Date: October 31, 2011 Citation: 2011 HRTO 1963 Indexed as: Speziale v. Royal Canadian Legion

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 29, 2010.

2On June 7, 2011, the respondents filed a Response requesting that the Tribunal dismiss the Application as against it on the basis that the issues in dispute are within exclusive federal jurisdiction. The respondents submit that the organization respondent is incorporated under Federal statute and subject to federal human rights legislation.

3On September 30, 2011, the applicant filed a Reply opposing the request to dismiss. The applicant submits that the Application is properly within provincial jurisdiction and not under the jurisdiction of the Canadian Human Rights Tribunal.

4The respondents have not provided any caselaw in support of their position that the organizational respondent is a federally regulated business or undertaking subject to the Canadian Human Rights Act, RSC 1985, c H-6.

5Based on the jurisprudence of this Tribunal, as well as the authorities cited by the applicant, this Tribunal has jurisdiction over this Application. See for example, Vallentyne v. Royal Canadian Legion, 2009 HRTO 660; Bass v. Royal Canadian Legion, Branch 479, 2011 HRTO 193; Shaw v. Royal Canadian Legion 479, 2009 HRTO 567; and Barclay v. Royal Canadian Legion, Branch 12 (1997), 1997 CanLII 24838 (ON HRT), 31 C.H.R.R. D/486.

6Accordingly, the respondents' request to dismiss is denied. The Tribunal will schedule a mediation in this matter.

7I am not seized.