Alfredo Sarmiento Gil v. Bombardier Aerospace Inc., 2012 HRTO 2240

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Alfredo Sarmiento Gil Applicant

-and-

Bombardier Aerospace Inc. Respondent

INTERIM DECISION

Adjudicator: Leslie Reaume Date: November 29, 2012 Citation: 2012 HRTO 2240 Indexed as: Gil v. Bombardier Aerospace Inc.

WRITTEN SUBMISSIONS

Alfredo Sarmiento Gil, 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 employment because of disability.

2On August 27, 2012, the Tribunal issued a Notice of Intent to Dismiss this Application to the applicant requesting his submissions because it appeared that the respondent may be a federal government department and therefore the Application may be outside the Tribunal’s jurisdiction.

3I have reviewed the submissions of the applicant which include references to cases which have been adjudicated by this Tribunal and other adjudicative bodies in Ontario involving the applicant’s employer.

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.

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.