Lisa Howes v. Pladec Daycare and Melissa Rose, 2012 HRTO 1395

Human Rights Tribunal of Ontario

Between:

Lisa Howes Applicant

-and-

Pladec Daycare and Melissa Rose Respondents

Interim Decision

Adjudicator: Eric Whist Date: July 17, 2012 Citation: 2012 HRTO 1395 Indexed as: Howes v. Pladec Daycare

1This is an Application filed on March 12, 2012 under section 34 of Part IV of the Human Rights Code, R.S.O. 1990, c. H.19 as amended (the "Code"). The Application alleges discrimination in respect of goods, services and facilities on the basis of family status.

2Rule 13.2 of the Tribunal's Rules of Procedure states that where it appears to the Tribunal that an Application is outside its jurisdiction it shall, prior to sending the Application to the respondent, issue a Notice of Intent to Dismiss the Application ("NOID") to the applicant.

3On June 11, 2012 the Tribunal sent a NOID to the applicant stating that the Application appeared to be outside of the Tribunal's jurisdiction because it failed to identify any specific act of discrimination within the meaning of the Code allegedly committed by the respondents. The applicant was directed to provide written submissions in response to this issue of whether the Tribunal has the jurisdiction to consider her Application by July 11, 2012.

4No submissions were received from the applicant in response to the NOID.

Decision

5An application will only be dismissed at a preliminary stage, before it is delivered to respondents, if it is "plain and obvious" on the face of the Application that it does not fall within the Tribunal's jurisdiction, see for example, Patterson v. MPW Industrial Service, 2010 HRTO 2140.

6Based on the information contained in the Application, I find that it is not plain and obvious that the Application is outside the Tribunal's jurisdiction. Without deciding whether any of alleged circumstances comes within Code protection, I find that the applicant's allegations of discrimination may raise matters which the Tribunal has the power to decide. This is not a final decision on the issue of the Tribunal's jurisdiction.

7The Tribunal shall serve the Application and a copy of this Interim Decision on the respondents in accordance with Rule 13.4.

8I am not seized of this matter.