Human Rights Tribunal of Ontario
B E T W E E N:
Helen Huppmann Applicant
-and-
Telepoll Market Research Inc. Respondent
INTERIM DECISION
Adjudicator: Dawn J. Kershaw Date: April 29, 2015 Citation: 2015 HRTO 547 Indexed as: Huppmann v. Telepoll Market Research Inc.
Introduction
1This is an Application filed on October 16, 2014 under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the "Code") alleging reprisal and discrimination in employment based on disability.
2The Tribunal has not yet delivered the Application to the respondent. 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 (the "Rules") 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 December 30, 2014, the Tribunal Registrar sent a NOID to the applicant which noted that the Application appeared to be outside of the Tribunal's jurisdiction because it appeared the Application was filed more than one year after the last incident of discrimination described in the Application, and the applicant did not appear to have cited facts that constituted "good faith" within the meaning of the HRTO's case law [s.34(1)]. The Tribunal invited the applicant to provide written submissions responding to the issue identified by January 29, 2015.
5The applicant requested an extension to February 19, 2015 to file submissions, and filed them on February 17, 2015.
6The Tribunal requested additional information by way of Case Assessment Direction, dated March 9, 2015. The Tribunal subsequently granted the applicant an extension to file the additional information, which was filed by the applicant on March 31, 2015.
7An application only will 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 Application is not within the Tribunal's jurisdiction. Therefore, the Tribunal will continue to process the Application.
8A copy of the Application, the NOID, the March 9, 2015 CAD, the submissions filed by the applicant in response to the NOID and in response to the March 9, 2015 CAD, and this Interim Decision will be sent to the respondent. The respondent is directed to file a Response to the Application in accordance with the Tribunal's Rules.
9I am not seized.
Dated at Toronto, this 29th day of April, 2015.
"Signed by"
_________________________________
Dawn J. Kershaw Vice-chair