Squires v. TD Bank Group, 2017 HRTO 1346

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Wesley Squires

Applicant

-and-

TD Bank Group

Respondent

DECISION

Adjudicator: Sophie Martel

Date: October 12, 2017

Citation: 2017 HRTO 1346

Indexed as: Squires v. TD Bank Group

WRITTEN SUBMISSIONS

Wesley Squires, Applicant

Self-represented

Introduction

1This is an Application filed under section 34 of the Human Rights Code, RSO 1990, c. H.19, as amended (the "Code"), alleging discrimination in employment on the basis of age.

2On September 21, 2017, the Tribunal initiated a Notice of Intent to Dismiss on the basis of jurisdiction because the respondent appears to be a federal government department, agency or a federally regulated employer or service provider.

3The applicant subsequently advised by email on October 1, 2017 that he now understands that as a bank, the respondent is federally regulated and that he must file his claim with the Canadian Human Rights Commission.

4An 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. The Canadian Human Rights Commission has the power to deal with human rights matters that fall under federal jurisdiction.

5It is plain and obvious, and the applicant agrees, that the employment relationship between the applicant and the respondent is not governed by the Code.

6Accordingly, the Application is dismissed pursuant to Rule 13.1 of the Tribunal's Rules of Procedure.