Mary MacKenzie

The applicant filed a human rights application alleging discrimination on the basis of disability and age against the insurance company that administered his federally-regulated employer's self-insured disability plan.

The Tribunal dismissed the application on two preliminary grounds.

First, the application was filed outside the one-year limitation period under section 34(1) of the Human Rights Code, and the applicant failed to establish that the delay was incurred in good faith.

Second, the Tribunal lacked jurisdiction because the respondent merely administered a self-insured plan for Canada Post, a federally-regulated undertaking, meaning the matter fell under federal jurisdiction.

The applicant filed a human rights application alleging discrimination in employment on the basis of colour and disability against her employer, First Canada ULC, its employees, and the administrator of its short-term disability plan, Manulife.

The respondents requested dismissal on jurisdictional grounds.

The Tribunal found that First Canada's Barrie Transit Branch is functionally integrated with its interprovincial transportation business, making it a single federal undertaking outside provincial human rights jurisdiction.

The Tribunal also dismissed the application against Manulife, as it merely administered a self-insured plan for the employer and no specific allegations of discrimination were made against it.