David Duncan v. Kelseys 7060 Ltd, 2012 HRTO 1366

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

David Duncan

Applicant

-and-

Kelseys 7060 Ltd

Respondent

DECISION

Adjudicator: Naomi Overend Date: July 10, 2012 Citation: 2012 HRTO 1366 Indexed as: Duncan v. Kelseys 7060 Ltd

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 family status. Specifically, the applicant alleges that his employment was terminated because his brother-in-law had handed in his notice to the respondent the week before.

2In its Response, the respondent points out that the definition of family status does not appear to encompass this fact situation and that this Application must, therefore, be dismissed. The applicant did not address this issue in his Reply.

3By Case Assessment Direction dated June 11, 2012, the applicant was directed to provide written submissions on why his Application was within the jurisdiction (power) of the Tribunal to decide by June 26, 2012. The applicant did not file any submissions and the time for so doing has passed.

Decision

4Under s. 10(1) of the Code, family status is defined as “the status of being in a parent and child relationship.” It does not encompass other family relationships, such as that between an individual and his/her siblings or persons married to his/her siblings.

5The applicant’s sole allegation is that the respondent terminated his employment because his brother-in-law had ended his employment with the respondent the previous week. This Application, therefore, raises matters that are not within the Tribunal’s jurisdiction. Accordingly, this Application is dismissed.