Stefanie Van Dalen v. Cowan Insurance Group, 2014 HRTO 419

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Stefanie Van Dalen Applicant

-and-

Cowan Insurance Group Respondent

INTERIM DECISION

Adjudicator: David Muir Date: March 25, 2014 Citation: 2014 HRTO 419 Indexed As: Van Dalen v. Cowan Insurance Group

1This is an Application filed pursuant to section 34 of the the Human Rights Code, R.S.O. 1990, c. H.19, as amended, alleging discrimination in employment on the basis of family status.

2On February 24, 2014, the Tribunal issued a Notice of Intent to Dismiss (“NOID”) the Application because it appearred that it may be outside of the Tribunal’s jurisdiction to decide due to delay. The applicant has responded to the NOID.

3At this preliminary stage before the Application has been delivered to the respondent 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 find that while there may be issues of delay with elements of the Application, it is not plain and obvious at this stage that the Application is outside of the Tribunal’s jurisdiction.

4This is not a final Decision on the Tribunal’s jurisdiction to deal with this case. The Application will be delivered to the respondent with this Interim Decision. The respondent is required to file a Response (Form 2) within 35 days of the date of this interim decision.

5I am not seized.