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Human rights

Human Rights Tribunal of Ontario Dismisses Application against United Parcel Service Canada Ltd.

Strategic Insights

— 1 min read

The Human Rights Tribunal of Ontario, led by Adjudicator Aulaire O'Malley, has dismissed an application filed by Peter Poggione against United Parcel Service Canada Ltd. on July 24, 2025. The application, which was filed on November 22, 2024, alleged discrimination on the basis of ancestry, place of origin, and ethnic origin with respect to employment. However, the Tribunal determined that the respondent is a federally regulated employer or service provider, outside the Tribunal's jurisdiction.

Key Takeaways:

  • The Human Rights Tribunal of Ontario dismissed the application due to lack of jurisdiction, as the respondent, United Parcel Service Canada Ltd., is a federally regulated employer or service provider.
  • The Tribunal relied on previous decisions, including Shaikh v. United Parcel Service Canada, 2008 HRTO 279, which ruled that employment relationships governed by the Canadian Human Rights Act are outside the Tribunal's jurisdiction.
  • The Tribunal has consistently held that United Parcel Service Canada Ltd. is a federally regulated organization, as seen in Crawford v. United Parcel Service Canada Ltd, 2018 HRTO 1520, Escudero v. United Parcel Service, 2009 HRTO 811, and Hicks v. United Parcel Service of Canada Ltd., 2017 HRTO 518.
  • The applicant, Peter Poggione, had alleged discrimination on the basis of ancestry, place of origin, and ethnic origin with respect to employment, but the Tribunal's jurisdiction was limited to provincial matters.

Statistics:

  • The Tribunal received the applicant's written submissions on April 8, 2025, and dismissed the application on July 24, 2025.
  • The application was filed on November 22, 2024, and was determined to be outside the Tribunal's jurisdiction.
  • The respondent, United Parcel Service Canada Ltd., has been deemed a federally regulated employer or service provider on multiple occasions by the Tribunal.

Sources:

  • Wu v. Toronto Ombudsman, 2023 ONSC 6192.
  • G.-L. v. OHIP (General Manager), 2014 ONSC 5392.
  • Shaikh v. United Parcel Service Canada, 2008 HRTO 279.
  • United Parcel Service v. Thibodeau, 2005 FC 608.
  • Crawford v. United Parcel Service Canada Ltd, 2018 HRTO 1520.
  • Escudero v. United Parcel Service, 2009 HRTO 811.
  • Hicks v. United Parcel Service of Canada Ltd., 2017 HRTO 518.

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