Peter Mancini

The applicant filed an application alleging employment discrimination based on disability.

The respondent requested dismissal on the basis that it is a federally-regulated enterprise engaged in interprovincial transportation, producing a Canada Industrial Relations Board certification order and a letter from Labour Canada.

The applicant consented to the dismissal.

The Tribunal dismissed the application for lack of jurisdiction, noting that the regulation of interprovincial transportation is a matter of exclusive federal jurisdiction under s. 92(10)(a) of the Constitution Act, 1867.

The applicant filed a human rights application alleging discrimination in employment on the basis of disability, claiming the respondent failed to accommodate his work-related injuries.

The Tribunal raised the issue of deferring the application because the applicant had a pending appeal before the Workplace Safety and Insurance Appeals Tribunal (WSIAT) regarding the same modified work and medical restrictions.

Finding considerable overlap in the issues and with the agreement of the parties, the Tribunal deferred the application pending the conclusion of the WSIB/WSIAT proceedings.