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Tolstikov v. Federal Express Canada, 2014 HRTO 494 — HRTO | minicounsel | minicounsel

April 9, 2014

Tolstikov v. Federal Express Canada, 2014 HRTO 494

Case Summary

The applicant filed an application alleging employment discrimination on the basis of disability against Federal Express Canada. The Tribunal issued a Notice of Intent to Dismiss, noting the respondent appeared to be a federally-regulated business. As the respondent operates interprovincially, it falls under federal jurisdiction pursuant to s. 92(10)(a) of the Constitution Act, 1867. The Tribunal concluded it lacked jurisdiction over the matter and dismissed the application.

Human Rights Tribunal of Ontario

B E T W E E N:

Mikhail Tolstikov Applicant

-and-

Federal Express Canada Fedex Respondent

DECISION

Adjudicator: Jennifer Scott Date: April 9, 2014 Citation: 2014 HRTO 494 Indexed as: Tolstikov v. Federal Express Canada

[1] The applicant filed an Application under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), on March 3, 2014, in which he alleges discrimination on the basis of disability in the area of employment.

[2] On March 21, 2014, the Tribunal issued a “Notice of Intent to Dismiss” in which it indicated that the Application appeared to be outside the Tribunal’s jurisdiction (power to decide) because “the respondent appears to be a federal government department, agency or a federally regulated business or service.” The Tribunal sought written submissions from the applicant regarding why he believed the Application was within the Tribunal’s jurisdiction. The applicant provided submissions outlining further support for his allegations, but did not address the question of the Tribunal’s jurisdiction over the Application.

[3] The Code only applies to matters that fall within provincial, rather than federal, jurisdiction. Pursuant to subsection 92(10)(a) of the Constitution Act, 1867, the Canadian Parliament has jurisdiction over works and undertakings “connecting the Province with any other or others of the Provinces, or extending beyond the Limits of the Province.” The respondent operates between the Provinces, and so is clearly a federally-regulated undertaking. The applicant described his position with the respondent as Project Management Specialist for various projects across Canada.

[4] Given that this Application concerns employment with a federally-regulated employer, it is not within the jurisdiction of this Tribunal. Accordingly, the Application is dismissed.

Dated at Toronto, this 9^th^ day of April, 2014.

“Signed by”

Jennifer Scott Vice-chair