Human Rights Tribunal of Ontario Dismisses Application Citing Lack of Jurisdiction

Strategic Insights -

The Human Rights Tribunal of Ontario, led by Adjudicator Jana Mareckova, issued a decision on June 12, 2025, dismissing an application filed by Brian Bretti due to a lack of jurisdiction. Bretti alleged age-related discrimination against the Law Society of Ontario and Emma Seth, claiming that his procedural rights were violated during a parking ticket appeal hearing. However, the Tribunal determined that Bretti failed to provide a factual basis to link the respondent's conduct to his Code-enumerated grounds, ultimately dismissing the application.

Key Takeaways:

  • The Human Rights Tribunal of Ontario dismissed an application filed by Brian Bretti due to a lack of jurisdiction.
  • Bretti alleged age-related discrimination against the Law Society of Ontario and Emma Seth, claiming procedural rights violations during a parking ticket appeal hearing.
  • The Tribunal found that Bretti failed to provide a factual basis to link the respondent's conduct to his Code-enumerated grounds.
  • The application was outside the Tribunal's jurisdiction, as it did not identify specific acts of discrimination within the meaning of the Code.
  • The Tribunal cited previous decisions, such as Iyirhiaro v. Human Rights Tribunal of Ontario and TTC, 2012 ONSC 3015, and Petrykowski v. Federation of Law Societies of Canada, 2025 ONSC 2307, to support its decision.
  • Bretti also failed to meet his onus to explain the link between the respondents' conduct and his Code-protected characteristic.

Statistics:

  • 2 Hearing Officers were involved in the appeal hearing of Brian Bretti's parking ticket.
  • The appeal hearing was conducted on March 27, 2023.
  • The applicant, Brian Bretti, stated that he is a "senior citizen".
  • The respondent, Law Society of Ontario, dismissed the applicant's complaint.
  • The applicant filed additional submissions in response to a Request for Additional Submissions, which related to four other Applications.

Sources:

  • Iyirhiaro v. Human Rights Tribunal of Ontario and TTC, 2012 ONSC 3015
  • Petrykowski v. Federation of Law Societies of Canada, 2025 ONSC 2307
  • Hay v. Ontario (Human Rights Tribunal), 2014 ONSC 2858
  • Bello v. Toronto Transit Commission, 2014 ONSC 5535
  • Mehedi v. Mondalez Bakery, 2023 ONSC 1737
  • Williams v Law Society of Upper Canada, 2016 HRTO 127
  • Foster v. Law Society Tribunal, 2023 HRTO 17
  • G.-L. v. OHIP (General Manager), 2014 ONSC 5392