Patricia Vogel v. Caressant Care and Jackie Fraser, 2013 HRTO 369

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Patricia Vogel

Applicant

-and-

Caressant Care and Jackie Fraser

Respondents

-and-

SEIU Local 1

Affected Party

INTERIM DECISION

Adjudicator: David Muir

Date: March 4, 2013

Citation: 2013 HRTO 369

Indexed as: Vogel v. Caressant Care

WRITTEN SUBMISSIONS

Patricia Vogel, Applicant

Self-represented

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 ethnic origin, association, record of offences and reprisal.

2On January 29, 2013 the Tribunal issued a Notice of Intent to Dismiss this Application to the applicant requesting her submissions with respect to the Tribunal's jurisdiction to deal with the Application because it appeared that the Application may be outside the Tribunal's jurisdiction because the narrative setting out the incidents of alleged discrimination fails to identify any specific acts of discrimination within the meaning of the Code allegedly committed by the respondents.

3At this preliminary stage before the Application has been delivered to the respondents 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 am unable to conclude that it is plain and obvious that the entire Application is outside of the jurisdiction of the Tribunal as there appear to be allegations which if proven may tend to support an inference of discriminatory treatment within the meaning of the Code. I do observe at this stage that there does not appear to be any allegations that would support the alleged discrimination on the basis of record of offences as there is no indication that the applicant has been convicted of a criminal offence.

4This is not a final Decision on the Tribunal's jurisdiction to deal with this case. The Application 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.

5I am not seized.