HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Vladimir Kostanenko
Applicant
-and-
Polymer Distribution Inc.
Respondent
DECISION
Adjudicator: Geneviève Debané
Indexed as: Kostanenko v. Polymer Distribution Inc.
WRITTEN SUBMISSIONS
Vladimir Kostanenko, Applicant
Self-represented
Polymer Distribution Inc., Respondent
Carol S. VandenHoek, Counsel
1This Application alleges discrimination with respect to employment because contrary to the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”). The applicant is employed as a licensed Truck and Coach Technician.
2The respondent has not filed a Response but instead filed, on May 27, 2014, a Form 10, Request for an Order During Proceeding seeking the dismissal of the Application on the basis that it is outside of the Tribunal’s jurisdiction because Polymer Distribution Inc. is federally-regulated. The respondent states that this issue has been previously decided by the Tribunal in Decision 2009 HRTO 146 (the “Decision”).
3Though the applicant’s Form 11, response to the request to dismiss was due on June 10, 2014, the applicant filed this document on June 21, 2014. The applicant provides no submissions in support that this Tribunal has jurisdiction over the subject-matter of the Application. The applicant simply states that he is waiting for a response from the Canadian Human Rights Commission.
Decision
4The Code applies only to human rights matters that fall within provincial jurisdiction. Human rights matters that fall under federal jurisdiction are dealt with by the Canadian Human Rights Commission. The issue therefore is whether the respondent is a provincial or federal undertaking.
5I have reviewed the respondent’s submissions and the Decision, and I am of the view that the Tribunal does not have jurisdiction over the subject-matter of the Application because the respondent is a federally-regulated undertaking because it is engaged in an inter-provincial transportation business.
6Further, the applicant has provided no submissions that would support that the Tribunal should depart from the findings in the Decision. In fact, the applicant indicates in the Application that he has filed a complaint pursuant to the Canada Labour Code, Part III which deals with occupational health and safety. In the absence of any explanation from the applicant and it light of the findings in the Decision, I find that the Application does not fall within the jurisdiction of this Tribunal.
Order
7The Application is dismissed.
Dated at Toronto, this 25th day of June, 2014.
“Signed By”
Geneviève Debané
Vice-chair