Morrell v. D’Angelo Brands, 2012 HRTO 919

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Aaron Morrell Applicant

-and-

D’Angelo Brands and Frank D’Angelo Respondents

INTERIM DECISION

Adjudicator: Ken Bhattacharjee Date: May 8, 2012 Citation: 2012 HRTO 919 Indexed as: Morrell v. D’Angelo Brands

WRITTEN SUBMISSIONS

Aaron Morrell, Applicant ) Self-represented

1The applicant filed an Application under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”) on January 20, 2012. According to the applicant, he was employed by the respondent who produced a television show in Ontario. It appears, however, that the show was broadcast on television stations across Canada.

2On March 21, 2012, the Tribunal’s Registrar issued the applicant a Notice of Intent to Dismiss which informed him that the Application appears to be outside of the Tribunal’s jurisdiction because the respondent appears to be a federally regulated business. The Tribunal invited the applicant to provide written submissions within 30 days to explain why the Application is within the Tribunal’s jurisdiction.

3On April 20, 2012, the applicant filed written submissions which stated that the Application falls under provincial jurisdiction for two reasons. First, the television show is broadcast nationally by CHCH TV, but the show itself is privately funded and produced by the respondent which is an Ontario company. Second, the Canadian Human Rights Commission notified the applicant that his case falls under provincial jurisdiction.

4Rule 13.1 of the Tribunal’s Rules of Procedure provides that the Tribunal may dismiss an application that is outside the jurisdiction of the Tribunal. Rule 13.2 further 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. The Notice is only sent to the applicant, and requires him or her to file written submissions. Under the Tribunal’s jurisprudence, an application will only be dismissed at this preliminary stage if it is “plain and obvious” on the face of the application that it does not fall within its jurisdiction. See Masood v. Bruce Power, 2008 HRTO 381; Morin v. Alliance de la fonction publique du Canada, 2008 HRTO 58; and Hotte v. Ontario (Finance), 2008 HRTO 63.

5In my view, based on the applicant’s submissions, it is not plain and obvious that the Application is outside the Tribunal’s jurisdiction.

6The Tribunal shall serve the Application, the applicant’s written submissions and a copy of this Interim Decision on the respondents. The Tribunal directs the respondents to address the jurisdiction issue in their Response.

7I am not seized of this matter