Michel Boulard v. Maratech Aviation Fuels (Sudbury) Ltd., 2016 HRTO 1249

Human Rights Tribunal of Ontario

Between:

Michel Boulard Applicant

-and-

Maratech Aviation Fuels (Sudbury) Ltd. Respondent

Interim Decision

Adjudicator: Jo-Anne Pickel Date: September 23, 2016 Citation: 2016 HRTO 1249 Indexed as: Boulard v. Maratech Aviation Fuels (Sudbury) Ltd.

Appearances

Michel Boulard, Applicant Self-represented

Interim Decision

1This Interim Decision addresses the respondent’s assertion that it falls within federal jurisdiction. It also puts the respondent on notice that any further failure to comply with the Tribunal’s directions will be treated as an abuse of process.

2The applicant filed an Application alleging discrimination in employment contrary to the Human Rights Code, R.S.O. 1990, c. H.19 (the “Code”). By Request for Order During Proceedings, the respondent requested that the Tribunal dismiss the Application on the basis that the subject matter of the Application falls under federal jurisdiction.

3The Tribunal scheduled a preliminary hearing by teleconference to address the jurisdictional issue. I issued two Case Assessment Directions (“CADs”) directing the respondent to file materials and case law supporting its assertion that it falls within federal jurisdiction. It did not do so, nor did it communicate with the Tribunal in any way in response to my CADs.

4The respondent also did not join the preliminary hearing teleconference despite receiving notice of the preliminary hearing.

Order

5In light of the above, the respondent has not made out its claim that it falls under federal jurisdiction. The Tribunal Registrar shall schedule a two-day merits hearing in this case.

6In addition, the respondent should take note that under the Statutory Powers Procedure Act, R.S.O. 1990, c. S.22, and the Tribunal’s Rules of Procedure, the Tribunal has the power to make such orders or give such directions in proceedings before it as it considers proper to prevent abuse of its processes. The respondent is put on notice that any further unexplained failure or refusal on its part to comply with the Tribunal’s directions or to comply with its obligations (such as disclosure obligations) under the Tribunal’s Rules of Procedure will be treated as an abuse of process and attract the full consequences associated with such a finding.