HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Rosemary Tyrrell
Applicant
-and-
Royal Bank of Canada and Gowling Lafleur Henderson LLP
Respondents
DECISION
Adjudicator: Geneviève Debané
Indexed as: Tyrrell v. Royal Bank of Canada
WRITTEN SUBMISSIONS
Rosemary Tyrrell, Applicant
Self-represented
1This Application alleges discrimination with respect to services because of age, disability and reprisal contrary to the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”). The allegations in the Application relate to the collection of debts allegedly owed to the Royal Bank of Canada (the “Bank”). The Bank has initiated, through its solicitors, Gowling Lafleur Henderson LLP (“Gowlings”), an action against the applicant at the Ontario Superior Court with respect to this issue.
2The Application has not yet been delivered to the respondents.
3On June 24, 2014 the Tribunal issued to the applicant a Notice of Intent to Dismiss the Application (“NOID”) because it appeared that the subject-matter of the Application fell outside of the jurisdiction of the Code. On July 22, 2014, the applicant filed submissions in support of her position that the Application is within the Tribunal’s jurisdiction.
The Royal Bank of Canada
4The NOID advised the applicant that it appeared that the Bank did not fall within the jurisdiction of the Tribunal because it is a federally regulated entity. The applicant argues, amongst other things that the Bank is within the Tribunal’s jurisdiction because it operates banks throughout the provinces and should therefore be subject to provincial legislation.
5The Code only applies to matters which fall within provincial jurisdiction and does not apply to federally regulated businesses. Pursuant to subsection 91(15) of the Constitution Act, 1867, (U.K.), 30 & 31 Victoria, c. 3, banking, incorporation of banks and the issue of paper money are within federal jurisdiction.
6The Tribunal has repeatedly determined that it does not have jurisdiction over banks, which includes the respondent bank. See: Abdul v. Royal Bank of Canada, 2011 HRTO 2323; Moss v. Royal Bank of Canada, 2010 HRTO 15; Forde v. Royal Bank of Canada, 2010 HRTO 1573; and Gallant v. Royal Bank of Canada, 2010 HRTO 252.
Gowlings Lafleur Henderson LLP
7The NOID advised the applicant that the Application as against Gowlings was not within the jurisdiction of the Tribunal because the Code does not govern the relationship between a lawyer and an opposing party.
8The applicant states that she is not complaining about Gowlings actual conduct within another legal proceeding but asserts that this lawyer, and or his company knowingly guided, counselled and assisted the Royal Bank, to intentionally violate her human rights. The applicant also believes that Gowlings intentionally initiated a proceeding in an unrelated municipality in order to cause her undue hardship.
9Tribunal jurisprudence has consistently stated that the relationship between a lawyer and an opposing party is not covered by the Code because it does not fall within the definition of “services”. Therefore, the Tribunal has held that allegations pertaining to the conduct of a lawyer representing another party in another legal proceeding are outside of the Tribunal’s jurisdiction. Cooper v. Pinkofskys, 2008 HRTO 390, Belso v. York Region Police, 2009 HRTO 757, Humphries v. General Electric of Canada, 2009 HRTO 1869, Surh v. Toronto (City), 2009 HRTO 1700, Christianson v. Ontario (Attorney General), 2010 HRTO 1650, and Jaconello v. Unger, 2010 HRTO 789.
10In this case the allegations made against Gowlings are with respect to its representation and solicitor client relationship with the Bank which has interests that are adverse to the interests of the applicant. Lawyers are obliged to act in the interests of and on instructions of their clients. As such, I find that the allegations made against Gowlings are not matters that are within the jurisdiction of the Tribunal to decide because Gowlings is not in a service relationship with the applicant.
Order
11The Application is dismissed.
On Dated at Toronto, this 29th day of July, 2014.
“signed by”
Geneviève Debané
Vice-chair