The applicant filed a human rights application alleging discrimination on the basis of disability after the respondent refused to permit her to act as a stem cell donor.
The respondent filed a request for an order during proceedings, arguing that the regulation of blood products falls under exclusive federal jurisdiction and asking that the application be dismissed.
The Tribunal agreed with the respondent that the jurisdictional issue should be determined prior to addressing the applicant's requests to expedite and for an interim remedy.
The Tribunal directed that a one-day in-person hearing be scheduled to determine whether the allegations fall under provincial jurisdiction, and ordered that notice be given to the Ontario Human Rights Commission and the Attorneys General of Ontario and Canada.
