The applicant, a truck driver, filed a human rights application alleging discrimination and reprisal against his former employer, a recycling company.
The respondents brought a preliminary motion arguing the Tribunal lacked jurisdiction because the employer's operations involved continuous and regular transportation of materials to the United States.
The Tribunal agreed, finding that the undertaking fell under federal jurisdiction pursuant to s. 92(10)(a) of the Constitution Act, 1867.
The application was dismissed for lack of jurisdiction.