Samuels v. Verdi Alliance Group of Companies (Alliance Holdings Ltd.), 2015 HRTO 149

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Andrew Samuels

Applicant

-and-

Verdi Alliance Group of Companies (Alliance Holdings Ltd.),

Danny Verrilli and John Di Costanzo

Respondents

INTERIM DECISION

Adjudicator: Keith Brennenstuhl

Date: February 2, 2015

Citation: 2015 HRTO 149

Indexed as: Samuels v. Verdi Alliance Group of Companies (Alliance Holdings Ltd.)

WRITTEN SUBMISSIONS

Andrew Samuels, Applicant

Cecil Norman, Paralegal

Introduction

1This Application alleges discrimination with respect to employment because of race, colour, ancestry, place of origin, ethnic origin and disability contrary to the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”).

2The Tribunal has not yet delivered the Application to the respondents. The purpose of this Interim Decision is to address whether the Application should be dismissed at this preliminary stage because it is outside the Tribunal’s jurisdiction.

3Rule 13.2 of the Tribunal’s Rules of Procedure states that where it appears to the Tribunal that an Application is outside its jurisdiction, it shall, prior to sending the Application to the respondent, issue a Notice of Intention to Dismiss the Application (“NOID”). The NOID is only sent to the applicant, and requires the applicant to file written submissions.

4On January 5, 2015, the Tribunal Registrar sent a NOID to the applicant which noted that the Application appeared to be outside of the Tribunal’s jurisdiction because a review of the Application identified that there may be an issue as to delay in filing the Application. The Tribunal invited the applicant to provide written submissions responding to the delay issue.

5The applicant filed submissions on January 15, 2015 alleging that there was no delay in filing the Application and, if there was delay, he could establish a good faith reason for any delay.

6An application will only be dismissed at a preliminary stage, before it is served on the respondents, if it is “plain and obvious” on the face of the application that it does not fall within the Tribunal’s jurisdiction. Based on the applicant’s submissions, it is not plain and obvious that the subject matter of the Application is not within the Tribunal’s jurisdiction. Therefore, the Tribunal will continue to process the Application.

7A copy of the Application, the NOID and the submissions filed by the applicant in response to the NOID, and this Interim Decision will be sent to the respondents. The respondents are directed to file a Response to the Application in accordance with the Tribunal’s Rules.