HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Melanie Guillemette
Applicant
-and-
Beck Taxi – 1189930 Ontario Inc.
Respondent
INTERIM DECISION
Adjudicator: Douglas Sanderson
Indexed as: Guillemette v. Beck Taxi – 1189930 Ontario Inc.
WRITTEN SUBMISSIONS
Melanie Guillemette, Applicant
No one appearing
1This is an Application filed under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), alleging discrimination with respect to services because of disability.
2The applicant alleges that on October 29, 2014 several Beck taxis refused her service because she has a service animal. The applicant also included the Toronto Licensing Commission, the City of Toronto and Municipal Licensing & Standards because “they should all be held accountable for the Taxi drivers representing their city, businesses and departments”.
3On December 9, 2014, the Tribunal sent the applicant a Notice of Intent to Dismiss (“NOID”) that advised her that the Application may be outside the Tribunal’s jurisdiction because a review of the Application and the narrative setting out the incidents of alleged discrimination fails to identify any specific acts of discrimination within the meaning of the Code allegedly committed by the Toronto Licensing Commission, the City of Toronto and Municipal Licensing & Standards. The Tribunal directed the applicant to file written submissions in response to the NOID by January 23, 2015.
4The NOID advised the applicant that As of the date of this Interim Decision, the applicant has not filed any submissions in response to the NOID.
Analysis and Decision
5An application will only be dismissed at a preliminary stage if it is “plain and obvious” on the face of the application that it does not fall within the Tribunal’s jurisdiction. See Masood v. Bruce Power, 2008 HRTO 381. While the Application describes incidents that could amount to a violation of the applicant’s Code rights by the respondent taxi company, the applicant identifies no specific acts of discrimination committed by the other named respondents. In these circumstances, I find that it is plain and obvious that the Application does not raise issues within the Tribunal’s power to decide regarding the Toronto Licensing Commission, the City of Toronto and Municipal Licensing & Standards.
Order
6The Tribunal orders as follows:
The Application is dismissed as against the Toronto Licensing Commission, the City of Toronto and Municipal Licensing & Standards; and,
The Tribunal shall serve the Application upon Beck Taxi – 1189930 Ontario Inc.
Dated at Toronto, this 11^th^ day of February, 2015.
“Signed by”
Douglas Sanderson
Vice-chair