Dupé v. Youth Unlimited, 2014 HRTO 420

Human Rights Tribunal of Ontario

B E T W E E N:

Meshell Dupé Applicant

-and-

Youth Unlimited Respondent

INTERIM DECISION

Adjudicator: David Muir Date: March 25, 2014 Citation: 2014 HRTO 420 Indexed as: Dupé v. Youth Unlimited

WRITTEN SUBMISSIONS

Meshell Dupé, 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 colour, race, family status and reprisal.

2On February 13, 2014, 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 Application was filed beyond the one-year time limit established in section 34 of the Code.

3The applicant provided her submissions with an explanation for the apparent delay in the filing of this Application.

4At 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 it is not plain and obvious that the Application is outside of the jurisdiction of the Tribunal as there appear to be allegations which if proven may establish a violation of the Code.

5It is important to note that this is not a final Decision on the Tribunal’s jurisdiction to deal with this case. However, the Application will be delivered to the respondent with this Interim Decision. It is required to file a Response (Form 2) within 35 days of the date of this Interim Decision.

6I am not seized.