Prakash Murugesan v. CIBC Mortgages Inc., 2014 HRTO 909

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Prakash Murugesan

Applicant

-and-

CIBC Mortgages Inc., Gerald McCaughey, Brent Belzberg, Gary Colter, Dominic D'Alessandro, Patrick Daniel, Luc Desjardins, Gordon Giffin, Linda Hasenfratz, Kevin Kelly, Nicholas Le Pan, John Manley, Jane Peveret, Leslie Rahl, Charles Sirois, Katharine Stevenson, Ronald Tysoe, Jacqueline Moss and John Silverthorn

Respondents

INTERIM DECISION

Adjudicator: Jo-Anne Pickel Date: June 20, 2014 Citation: 2014 HRTO 909 Indexed as: Murugesan v. CIBC Mortgages Inc.

WRITTEN SUBMISSIONS

Prakash Murugesan, Applicant

Self-represented

CIBC and CIBC Mortgages Inc., Respondents

John Field, Counsel

1This Decision addresses the issue of whether the Application as against the CIBC falls outside the Tribunal’s jurisdiction under the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”).

2The applicant filed an Application alleging discrimination in employment by CIBC, CIBC Mortgages Inc. and members of the Board of Directors of CIBC.

3The Tribunal issued a Notice of Intent to Dismiss the Application (“Notice”) against CIBC on the basis that CIBC is a federally-regulated employer. The Tribunal sought submissions from the parties in response to the Notice. In his submissions, the applicant conceded that CIBC is federally-regulated.

4As recognized by the applicant, CIBC is a bank and therefore it is federally regulated under s. 91 (15) of the Constitution Act, 1867.

Order

5The Application against CIBC is dismissed as it falls outside the Tribunal’s jurisdiction. A Case Assessment Direction will be sent to the parties along with this Decision to address next steps in relation to the rest of the Application.

6I am not seized.