Felix v. FedEx Canada, 2016 HRTO 1347

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Hans Felix

Applicant

-and-

FedEx Canada

Respondent

DECISION

Adjudicator: Brian Cook

Date: October 17, 2016

Citation: 2016 HRTO 1347

Indexed as: Felix v. FedEx Canada

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

2The Application was filed on May 9, 2016. On August 31, 2016, the Registrar issued a Notice of Intent to Dismiss because it appeared that the Tribunal does not have jurisdiction to deal with the Application because the respondent named by the applicant is a federally regulated organization. The applicant was directed to provide written submissions on this issue by September 30, 2016. To date, no submissions or other communication have been received from the applicant about this Application.

3FedEx Canada or Federal Express Canada has been found to be a federally regulated corporation in decisions of this Tribunal (see: Decisions 2014 HRTO 494 and 2010 HRTO 1599). It is plain and obvious that the Tribunal does not have jurisdiction to deal with the Application. In addition, since the applicant has not provided submissions as directed to do so, it appears that the applicant has abandoned the Application.

4The Application is dismissed.