J.L.C. v. McSound Investments Inc., 2012 HRTO 1134

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

J.L.C.

Applicant

-and-

McSound Investments Inc.

Respondent

INTERIM DECISION

Adjudicator: David Muir

Date: June 8, 2012

Citation: 2012 HRTO 1134

Indexed as: J.L.C. v. McSound Investments

WRITTEN SUBMISSIONS

J.L.C., Applicant

D.L.C., Representative

1This is an Application filed under section 34 of Part IV of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), alleging discrimination with respect to employment because of sex and reprisal.

2On May 8, 2012 the Tribunal issued a Notice of Intent to Dismiss this Application to the applicant requesting her submissions with respect to the Tribunal’s jurisdiction to deal with the Application because it appeared that the Application may be outside the Tribunal’s jurisdiction because the narrative setting out the incidents of alleged discrimination fails to identify any specific acts of discrimination within the meaning of the Code allegedly committed by the respondent.

3In submissions received on May 31, 2012 the applicant clarified that the incident of pushing and shoving and other allegedly inappropriate behaviour described in the narrative of the Application was sexual harassment. The applicant further clarified that the treatment received after she complained about this behaviour was a reprisal for having made the complaint about what the applicant alleges was sexual harassment.

4At this preliminary stage before the Application has been delivered to the respondent and a Response (Form 2) has been filed, the Tribunal will only dismiss an Application where it is plain and obvious that it is outside its jurisdiction. In light of the applicant’s submissions, I find that it is not plain and obvious that the Application is outside of the jurisdiction of the Tribunal as there appear to be allegations which if proven may establish a violation of the Code. I also find it appropriate at this stage, in light of the applicant’s submissions, to amend the Application to include the ground of sex.

5This is not a final Decision on the Tribunal’s jurisdiction to deal with this case. The Application will be delivered to the respondent with this Interim Decision who will be required to file a Response (Form 2) within 35 days of its receipt.

6I am not seized.