Stewart v. T.D. Canada Trust, 2012 HRTO 259

Human Rights Tribunal of Ontario

B E T W E E N:

Kevin William Stewart

Applicant

-and-

T.D. Canada Trust and Tom Mantios

Respondents

DECISION

Adjudicator: Eric Whist

Date: February 6, 2012

Citation: 2012 HRTO 259

Indexed as: Stewart v. T.D. Canada Trust

1This Application was filed on November 30, 2011 under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended, (the "Code"). The Application alleges that the applicant was subject to reprisal when he attempted to obtain service at one of the respondent's banks.

NOTICE OF INTENT TO DISMISS

2On December 22, 2011, the Tribunal provided the applicant with a Notice of Intent to Dismiss, indicating that it would appear that the Application is outside the Tribunal's jurisdiction because "the respondent appears to be a federal government department, agency or a federally regulated business or service." The applicant was directed to provide written submissions on whether the Tribunal has jurisdiction to consider his Application by January 23, 2012. The Tribunal has not received any submissions as of the date of this Decision.

3Rule 13.1 of the Tribunal's Rules of Procedure provides that the Tribunal may dismiss an application that is outside its jurisdiction. Rules 13.2 to 13.5 provide for a process under which the Tribunal may initiate a Notice of Intent to Dismiss on the basis of jurisdiction, which occurs without the application being sent to the respondents. Under the Tribunal's jurisprudence, an application will only be dismissed at this preliminary stage if it is "plain and obvious" that the matter falls under federal jurisdiction.

4The Code only applies to matters that fall within provincial jurisdiction. The Canadian Human Rights Commission has power to deal with various human rights matters that fall under federal jurisdiction. Under section 91(15) of the Constitution Act, 1867, the federal Parliament has jurisdiction over "Banking, Incorporation of Banks, and the Issue of Paper Money". The Code therefore does not apply to banking. It is plain and obvious on the face of the application that the Tribunal has no jurisdiction over this Application.

5For these reasons, the Application is dismissed.