Brent Barfoot v. Stratford Children’s Services, 2013 HRTO 263

Human Rights Tribunal of Ontario

B E T W E E N:

Brent Barfoot

Applicant

-and-

Stratford Children’s Services, James Smith and Brett Gatt

Respondents

INTERIM DECISION

Adjudicator: Keith Brennenstuhl Date: February 13, 2013 Citation: 2013 HRTO 263 Indexed as: Barfoot v. Stratford Children’s Services

1This is an Application filed under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), alleging discrimination with respect to employment.

2On January 25, 2013, the Tribunal issued a Notice of Intent to Dismiss (“NOID”) because the Application may be outside the Tribunal’s jurisdiction. The NOID indicated that it appeared that the Application failed to identify any specific acts of discrimination within the meaning of the Code allegedly committed by the respondents.

3On February 6, 2013 the applicant filed supplementary materials in response to the NOID. These materials provided additional and clarifying information and specified that the ground of alleged discrimination is disability.

4An application will only be dismissed at a preliminary stage, before it is served on the respondent, if it is “plain and obvious” on the face of the application that it does not fall within the Tribunal’s jurisdiction.

5Without making any findings with respect to the applicant’s allegations, I am satisfied that the Application can now proceed with the supplementary information provided by the applicant. As such, the Application, the NOID and the applicant’s February 6, 2013 materials will be delivered to the respondents and the respondents will be given an opportunity to file a Response.

order

6The Tribunal orders as follows:

1. The Registrar will forward a copy of this Interim Decision, the Application, the NOID and the applicant’s February 6, 2013 materials to the respondent; and,

2. The respondents are required to file their Responses no later than 35 days after the Tribunal sends a copy of this Interim Decision and the accompanying documents.

7I am not seized of this matter.