Julia Szabo v. Rogers, 2012 HRTO 130

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Julia Szabo

Applicant

-and-

Rogers

Respondent

DECISION

Adjudicator: Michelle Flaherty

Date: January 17, 2012

Citation: 2012 HRTO 130

Indexed as: Szabo v. Rogers

1The applicant filed this Application under section 34 of the Human Rights Code, R.S.O. 1990 c. H. 19, as amended (“Code”) on August 16, 2011. The applicant alleges discrimination in the provision of goods, facilities or services based on ethnic origin.

2The Application has not been served on the respondent.

3On November 8, 2011, the Registrar issued a Notice of Intent to Dismiss the Application (“Notice”) indicating that the Application may be outside the Tribunal’s jurisdiction (power to decide) because the respondent appears to be a federal government department, agency or a federally regulated business or service.

4The Notice invited the applicant to file submissions on the jurisdictional issue by December 8, 2011. The applicant has failed to file submissions as directed.

5Based on the material before me, I find that the respondent is an inter-provincial federally-regulated telecommunications company, which is subject to federal jurisdiction under s.92(10)(a) of the Constitution Act, 1867. As a result, the Tribunal does not have jurisdiction to deal with the Application: see Dougan v. Rogers Communications, 2009 HRTO 1169.

6The Application is dismissed.