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Human rights

Human Rights Tribunal of Ontario Dismisses Application Against Slingshot Transportation Inc.

Strategic Insights

— 1 min read

The Human Rights Tribunal of Ontario, led by Adjudicator Will McNair, has made a decision in the case of Mustansar Khan v. Slingshot Transportation Inc. and CJ Richards, dismissing Khan's application for workplace discrimination and harassment based on disability. The decision, handed down on November 25, 2024, was based on the Tribunal's jurisdiction to hear the matter. However, it was determined that the respondent's business, a federally incorporated entity, falls under federal jurisdiction, specifically transportation works and undertakings that extend beyond provincial borders.

Key Takeaways:

  • The Human Rights Tribunal of Ontario dismissed Mustansar Khan's application for workplace discrimination and harassment based on disability against Slingshot Transportation Inc. and CJ Richards.
  • The decision was based on the Tribunal's jurisdiction, with the determination that the respondent's business falls under federal jurisdiction due to its transportation works and undertakings extending beyond provincial borders.
  • The Tribunal cited previous cases, including Consolidated Fastfrate Inc. v. Western Canada Council of Teamsters (2009 SCC 53) and Soler v. Luckhart Transport (2009 HRTO 1486), to support its decision.
  • The case was dismissed due to the lack of submissions from the applicant addressing the Tribunal's jurisdiction to consider the application.
  • The respondent's business was deemed to be exclusively within federal jurisdiction, as stipulated by the Constitution Act, 1867, subsection 92(10)(a).

Statistics:

  • November 25, 2024 - Date of the decision
  • 2024 HRTO 1673 - Citation for the decision
  • 2023-51927-I - File number for the case
  • 2 - The number of respondents named in the case
  • 1 - The number of respondents with counsel (Gregory Power)

Sources:

  • Consolidated Fastfrate Inc. v. Western Canada Council of Teamsters (2009 SCC 53)
  • Soler v. Luckhart Transport (2009 HRTO 1486)
  • Rowland v. Canada Cartage Systems (2009 HRTO 1941)
  • The Human Rights Code, R.S.O. 1990, c. H.19, as amended

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