Bolus v. Toronto Dominion Bank, 2015 HRTO 1152

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Kathleen Bolus

Applicant

-and-

Toronto Dominion Bank

Respondent

DECISION

Adjudicator: Jennifer Scott Date: August 31, 2015 Citation: 2015 HRTO 1152 Indexed as: Bolus v. Toronto Dominion Bank

WRITTEN SUBMISSIONS

Kathleen Bolus, Applicant

Self-represented

1This Application was filed on March 16, 2015, under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”). The Application alleges discrimination with respect to banking services provided by the respondent.

2By letter dated March 20, 2015, the Tribunal issued a Notice of Intent to Dismiss the Application on the basis that it did not have jurisdiction because the issues in dispute are within exclusive federal jurisdiction. The Tribunal will only dismiss an application where it is plain and obvious that the matter falls under federal jurisdiction (see: Dioba v. BMO (Bank of Montreal), 2008 HRTO 325). The applicant was advised to provide written submissions on the question of jurisdiction by April 20, 2015.

3Although the applicant provided submissions in respect of the merits of the Application, she did not respond to the question of whether the Tribunal had jurisdiction over the respondent.

4The Code only applies to matters that fall within provincial jurisdiction. The Canadian Human Rights Commission has the authority to deal with various human rights matters that fall exclusively under federal jurisdiction. Under section 91(15) of the Constitution Act, 1867, the federal Parliament has jurisdiction over “Banking, Incorporation of Banks, and the Issue of Paper Money”. The respondent is a Schedule 1 Bank pursuant to the Bank Act, S.C. 1991, c. 46. As a result, it is plain and obvious on the face of the Application that the respondent is under federal jurisdiction.

5The Tribunal has no jurisdiction over this Application and as such, it is dismissed.