Phillips v. Orillia City Transit, 2012 HRTO 1461

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Thomas Phillips Applicant

-and-

Orillia City Transit Respondent

INTERIM DECISION

Adjudicator: Alison Renton Date: July 26, 2012 Citation: 2012 HRTO 1461 Indexed as: Phillips v. Orillia City Transit

WRITTEN SUBMISSIONS

Thomas Phillips, Applicant Self-represented

Introduction

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 goods, services and facilities, specifically public transportation, because of citizenship. While he did not mark off "age" as a ground of alleged discrimination, he did provide answers on his Application form about age.

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 19, 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 respondent. The applicant was directed to provide written submissions by July 19, 2012 in response to this issue of whether the Tribunal has the jurisdiction to consider his Application.

4The applicant filed written submissions and corresponding materials in response to the NOID.

decision

5An application will only be dismissed at a preliminary stage, before it is delivered to respondent, 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, and the written submissions filed, I find that it is not plain and obvious that the Application is outside the Tribunal's jurisdiction. Without deciding whether any of the alleged circumstances amounts to a violation of the Code, 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 respondent in accordance with Rule 13.4.

8I am not seized with this matter.