McNulty v. Legal Aid Ontario, 2016 HRTO 1656

Human Rights Tribunal of Ontario

Between:

Kelly McNulty Applicant

-and-

Legal Aid Ontario Respondent

Interim Decision

Adjudicator: Jo-Anne Pickel Date: December 21, 2016 Citation: 2016 HRTO 1656 Indexed as: McNulty v. Legal Aid Ontario

1The applicant filed this Application alleging discrimination with respect to goods, services, and facilities because of place of origin contrary to the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the "Code"). She named Legal Aid Ontario, the Law Foundation of Ontario, and the City of Toronto as respondents. In essence, the applicant, who was born in Canada, alleged that she was discriminated against when she was denied legal assistance by Legal Aid Ontario. She claims that it was discriminatory to deny her assistance while immigrants to Canada receive such legal assistance.

2On August 12, 2016, the Tribunal sent the applicant a Notice of Intent to Dismiss ("NOID") advising her that the Application against the Law Foundation of Ontario and the City of Toronto appeared to be outside the Tribunal's jurisdiction. The NOID noted that a review of the narrative setting out the incidents of alleged discrimination failed to identify any specific acts of alleged discrimination by these two respondents. The Tribunal directed the applicant to file submissions in response to the NOID. It advised the applicant that, if she did not file any submissions, the Tribunal would make its decision based only on the information in the Application and might consider her failure to respond as an abandonment of the Application against these two respondents.

3The applicant did not respond to the NOID and the time for doing so has passed.

Order

4The Application is dismissed as against the Law Foundation of Ontario and the City of Toronto. The Application against these two respondents does not fall within the Tribunal's jurisdiction as the applicant has failed to identify any specific acts of alleged discrimination by these two respondents.

5These two respondents will be removed from the style of cause for this Application.

6In addition, the Tribunal will hold a summary hearing to determine whether the Application against Legal Aid Ontario should be dismissed on the basis that it lacks a reasonable prospect of success under the Code. The Tribunal will send the parties a Case Assessment Direction to address this issue.