Savin v. Granite Club Ltd., 2012 HRTO 1759

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Monique Savin Applicant

-and-

Granite Club Ltd; Mary Liz Sulivan; Joanne Hogg and Christine Hale Respondents

INTERIM DECISION

Adjudicator: David Muir

Date: September 17, 2012

Citation: 2012 HRTO 1759

Indexed as: Savin v. Granite Club Ltd.

WRITTEN SUBMISSIONS

Monique Savin, Applicant

Self-represented

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 disability and reprisal.

2On July 27, 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 respondents.

3In submissions received on August 27, 2012 the applicant clarified her allegations in the Application. The applicant alleges amongst other things that she is or was a person with a disability and that she requested appropriate accommodations which were denied by the respondents and that she was subject to reprisal for doing to.

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 the 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.

5This is not a final Decision on the Tribunal’s jurisdiction to deal with this case. The Application, Notice of Application, Notice of Intent to Dismiss and the applicant’s submissions to the Notice of Intent to Dismiss will be delivered to the respondents with this Interim Decision who will be required to file a Response (Form 2) within 35 days or its receipt.

6I am not seized.