Bilon v. Niagara Catholic District School Board, 2016 HRTO 1541

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Rebecca Bilon

Applicant

-and-

Niagara Catholic District School Board, John Crocco, Krista Wood, Lee Ann Forsyth-Sells, Glenn Bertollo, Frank Iannuntuono, Andrea Bozza, Anna Richter, Mark Lefebvre, Deborah Guthrie, Melanie Luciw, and CUPE Local 1317

Respondents

INTERIM DECISION

Adjudicator: Alison Renton Date: November 30, 2016 Citation: 2016 HRTO 1541 Indexed as: Bilon v. Niagara Catholic District School Board

1This Application alleges discrimination with respect to employment because of disability and reprisal contrary to the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”). She provided a lengthy narrative to her Application, setting out her allegations against the respondents. The respondents have not been required to file Responses.

2On September 16, 2016, the Tribunal issued a Notice of Intent to Dismiss as against Certain Respondents (“NOID”), specifically the respondent CUPE Local 1317, on the basis that it may be outside of the Tribunal’s jurisdiction. The NOID indicated that the narrative setting out the incidents of alleged discrimination in the Application failed to identify any specific acts of discrimination within the meaning of the Code as against this respondent.

ANALYSIS AND DECISION

3An application will be dismissed against a respondent at a preliminary stage, before it is served on the respondent, if it is “plain and obvious” on the face of the application that it does not fall within the Tribunal’s jurisdiction.

4It is not plain and obvious that the Application is not within the Tribunal’s jurisdiction as the applicant’s allegations against CUPE Local 1317 pertain to a failure to accommodate and reprisal. This does not mean that the applicant will be successful against CUPE Local 1317, and the Application may later be reviewed again at a summary hearing stage. At this stage, the Tribunal will continue to process the Application.

5A copy of the Application, the NOID and this Interim Decision will be sent to the respondents. The respondents are directed to file Responses to the Application in accordance with the Tribunal’s Rules of Procedure and within 35 days of the date of this Interim Decision.

6I am not seized with this matter.