Cheryl Obermuller v. Scotia Bank – Scarborough Town Centre, 2016 HRTO 1535

Human Rights Tribunal of Ontario

B E T W E E N:

Cheryl Obermuller

Applicant

-and-

Scotia Bank – Scarborough Town Centre

Respondent

DECISION

Adjudicator: Alison Renton Date: December 5, 2016 Citation: 2016 HRTO 1535 Indexed as: Obermuller v. Scotia Bank

1This Application alleges discrimination with respect to services contrary to the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the "Code").

2By letter dated October 14, 2016, the Tribunal issued a Notice of Intent to Dismiss ("NOID") to the applicant, advising her that her Application may be outside the Tribunal's jurisdiction because the respondent appears to be a federal government department, agency or a federally regulated employer or service provider. The Tribunal directed the applicant to file submissions addressing this issue, and warned that her failure to file submissions may result in the Tribunal dismissing her Application as abandoned.

3The applicant did not file submissions and the time for doing so has elapsed.

Analysis and Decision

4As the applicant did not file submissions with the Tribunal, as directed, this Application is dismissed as abandoned.

5Further, it is dismissed as being outside of the Tribunal's jurisdiction.

6An 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. The Code only applies to matters that come within provincial jurisdiction and does not apply to federally-regulated enterprises or undertakings.

7In my view, it is plain and obvious that the respondent, which is a bank, is a federally-regulated service provider. Human rights complaints against federally regulated service providers are dealt with by the Canadian Human Rights Commission and not this Tribunal.

8Accordingly, the Application is also dismissed on this basis.