McCloy v. Shoppers Drug Mart, 2014 HRTO 446

Human Rights Tribunal of Ontario

B E T W E E N:

Frederick McCloy

Applicant

-and-

Shoppers Drug Mart and Jennifer Kelly

Respondents

INTERIM DECISION

Adjudicator: Jay Sengupta

Date: March 28, 2014

Citation: 2014 HRTO 446

Indexed as: McCloy v. Shoppers Drug Mart

WRITTEN SUBMISSIONS

Frederick McCloy, Applicant

Self-represented

Introduction

1This is an Application filed on October 16, 2013 under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”) alleging discrimination in receipt of services based on the ground of disability.

2The Tribunal has not yet delivered the Application to the respondents. The purpose of this Interim Decision is to address whether the Application should be dismissed at this preliminary stage because it is outside the Tribunal’s jurisdiction.

3Rule 13.2 of the Tribunal’s Rules of Procedure states that where it appears to the Tribunal that an Application is outside its jurisdiction, it shall, prior to sending the Application to the respondents, issue a Notice of Intention to Dismiss the Application (“NOID”). The NOID is only sent to the applicant, and requires the applicant to file written submissions.

4On October 16, 2013, the Tribunal Registrar sent a NOID to the applicant which noted that the Application appeared to be outside of the Tribunal’s jurisdiction because a review of the Application and the narrative setting out the incidents of alleged discrimination fail to identify any specific acts of discrimination within the meaning of the Code allegedly committed by the respondents including any allegation of discrimination based on disability. The Tribunal invited the applicant to provide written submissions responding to the issue identified within 30 days of the date of the NOID.

5The applicant filed submissions on November 25, 2013, alleging that he was discriminated against on the basis of his age because he was banned from attendance at the respondents business because he exhibited symptoms of his disability.

6An application will only be dismissed at a preliminary stage, before it is served on the respondents, if it is “plain and obvious” on the face of the application that it does not fall within the Tribunal’s jurisdiction. Based on the applicant’s submissions, it is not plain and obvious that the subject matter of the Application is not within the Tribunal’s jurisdiction. Therefore, the Tribunal will continue to process the Application.

7A copy of the Application, the NOID and the submissions filed by the applicant in response to the NOID, and this Interim Decision will be sent to the respondents. The respondents are directed to file a Response(s) to the Application in accordance with the Tribunal’s Rules.

8I am not seized.