Human Rights Tribunal of Ontario
B E T W E E N:
Suresh Kumar
Applicant
-and-
Cogeco Cable Canada GP Inc.
Respondent
DECISION
Adjudicator: Geneviève Debané
Date: January 26, 2015
Citation: 2015 HRTO 113
Indexed as: Kumar v. Cogeco Cable Canada GP Inc.
WRITTEN SUBMISSIONS
Cogeco Cable Canada GP Inc., Respondent
Saba Zia, Counsel
1This Application alleges discrimination with respect to services contrary to the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the "Code").
2On December 8, 2014, the respondent filed a Request For Order During Proceedings ("RFOP") seeking the dismissal of the Application on the basis that that the respondent is a federally-regulated entity. The applicant has not filed a response to the RFOP and the time for doing so has long passed.
3Having reviewed the respondent's submissions, I find that the respondent is an inter-provincial, federally-regulated telecommunications company, which is subject to federal jurisdiction under s.92(10)(a) of the Constitution Act, 1867. The Tribunal has previously accepted that respondents who provide cable telecommunication services are federally-regulated. (See Dougan v. Rogers Communications, 2009 HRTO 1169, and the cases referred to in that Decision).
4In conclusion, as the respondent is a federally-regulated entity, the Tribunal has no jurisdiction over this matter.
5The Application is dismissed.
Dated at Toronto, this 26th day of January, 2015.
"Signed by"
Geneviève Debané
Vice-chair