Arash Madipour v. Lucie Dorai, 2011 HRTO 2174

Human Rights Tribunal of Ontario

B E T W E E N:

Arash Madipour

Applicant

-and-

Lucie Dorai

Respondent

INTERIM DECISION

Adjudicator: David A. Wright

Date: December 2, 2011

Citation: 2011 HRTO 2174

Indexed as: Madipour v. Dorai

1This is an Application under s. 1 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”). The applicant, a store owner, alleges that the respondent, his customer, discriminated against him by making comments that he alleges constitute discrimination on the basis of race and ethnic origin. The Application has not been delivered to the respondent.

2Section 1 of the Code reads as follows:

Every person has a right to equal treatment with respect to services, goods and facilities, without discrimination because of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, age, marital status, family status or disability.

3This Application raises the issue of whether s. 1 of the Code gives the Tribunal the jurisdiction (power) to consider allegations of discrimination made by service providers against recipients of the service, or whether s. 1 is limited to claims by those who seek or receive services.

4The Tribunal will consider, as a preliminary matter, whether the Application is within its jurisdiction, and invites the parties to make submissions on this issue. In making their submissions, the parties may wish to consider the principles of statutory interpretation set out in cases such as Landau v. Ontario (Finance), 2011 HRTO 1521, at para. 12.

5As this appears to be a new issue of statutory interpretation, a copy of this Interim Decision will be sent to the Ontario Human Rights Commission and Human Rights Legal Support Centre to bring this issue to their attention should they wish to intervene.

6The Tribunal directs as follows:

(1) A copy of the Application is delivered to the respondent with this Interim Decision. The respondent need not file a Response at this time.

(2) The applicant shall deliver to the respondent and file with the Tribunal written submissions explaining why, in his submission, this Application falls within the Tribunal’s jurisdiction, within three weeks of the date of this Interim Decision. If the applicant fails to file submissions, the Application may be dismissed as abandoned.

(3) Should any person or organization wish to intervene, it shall deliver to the parties and file with the Tribunal its Request to Intervene, together with complete written submissions on the issue of jurisdiction, within six weeks of the date of this Interim Decision.

(4) The respondent may file written submissions on the issue of jurisdiction within eight weeks of the date of this Interim Decision.

(5) The applicant may reply to the submissions of the respondent and any proposed intervenors within ten weeks of the date of this Interim Decision.

7I am not seized.