Kontorsky v. RBC Royal Bank, 2016 HRTO 888

Human Rights Tribunal of Ontario

B E T W E E N:

Oskar Kontorsky Applicant

-and-

RBC Royal Bank Respondent

DECISION

Adjudicator: Leslie Reaume Date: July 5, 2016 Citation: 2016 HRTO 888 Indexed as: Kontorsky v. RBC Royal Bank

WRITTEN SUBMISSIONS

Oskar Kontorsky, Applicant Self-represented

1This Application, filed under the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the "Code"), alleges discrimination with respect to employment because of disability.

2By letter dated May 2, 2016, the Tribunal issued a Notice of Intent to Dismiss ("NOID") to the applicant, advising him that the Application may be outside the Tribunal's jurisdiction because the respondent appears to be a federal government department, agency or a federally regulated service provider. The applicant filed a response however, he did not raise an argument against a finding that the respondent falls within federal jurisdiction.

Analysis and Decision

3An 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.

4In my view, it is plain and obvious that the respondent, which is bank, is a federally regulated employer. The applicant does not appear to be aware that human rights complaints against federally regulated employers are dealt with by the Canadian Human Rights Commission and not this Tribunal.

5Accordingly, the Application is dismissed.