HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Aaron Morrell
Applicant
-and-
2156775 Ontario Inc. o/a D’Angelo Brands and Frank D’Angelo
Respondents
-and-
Her Majesty the Queen in Right of Ontario as represented by the Attorney-General of Ontario.
Intervenor
INTERIM DECISION
Adjudicator: David Muir
Indexed as: Morrell v. 2156775 Ontario Inc. o/a D’Angelo Brands
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 race, colour, ancestry, ethnic origin, disability and sexual orientation.
2In a Case Assessment Direction the Tribunal directed that there be a half-day in-person preliminary hearing to hear the parties’ submissions on the issue of whether this Application is within provincial or federal jurisdiction and, accordingly, whether the Tribunal has jurisdiction to consider it. The Tribunal also directed that in the circumstances the Attorneys General for Canada and Ontario be given Notice of the proceeding and in the event either wished to intervene, file a Request to Invervene (Form 5). The Attorney General for Ontario has filed a Form 5. No other party has responded to the Request.
3In his Request the Attorney General submits and relies on subsection 109(4) of the Courts of Justice Act R.S.O., 1990, c. C.43 which provides that where the Attorney General of Ontario is entitled to to notice under the section he or she is entitled to to adduce evidence and make submissions in respect of the constitutional question. The Attorney General submits that the constitutional applicability of the Human Rights Code is such a question.
4The Request to intervene is granted as the issue before the Tribunal appears to be one contemplated by subsection 109(4) of the Courts of Justice Act, above.
5The parties and intervenor are reminded of the prior Directions that they serve on each other and file with the Tribunal copies of detailed witness statements for any witness providing oral evidence, documents and case law the party intends to rely upon or refer to 14 days in advance of the preliminary hearing which is scheduled for March 27, 2013.
6I am not seized.
Dated at Toronto, this 7th day of February, 2013.
“Signed by”
David Muir
Vice-chair
CORRECTION
The decision released on February 7, 2013 incorrectly had the date of February 7, 2012 and in the Style of Cause the naming of the Intervener was incorrect. The errors have been corrected.
Dated at Toronto, this 8th day of March, 2013.
“Signed by”
David Muir
Vice-chair