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Human rights

Human Rights Tribunal of Ontario Dismisses Application due to Lack of Jurisdiction

Strategic Insights

— 1 min read

The Human Rights Tribunal of Ontario (HRTO) has dismissed an application filed by Douglas Cloutier, alleging discrimination in social services based on sexual orientation. The applicant claimed that the respondent, the Family Responsibility Office, had discriminated against him by representing his ex-wife's interests in a court proceeding and by the outcome of the case. However, the Tribunal found that the application was outside its jurisdiction due to a lack of factual basis linking the respondent's actions to the applicant's sexual orientation.

Key Takeaways:

  • The HRTO dismissed the application due to a lack of jurisdiction, citing the Tribunal's limited jurisdiction to enforce the Human Rights Code.
  • The applicant's claim of discrimination was based on a bald assertion that the respondent's actions were motivated by his sexual orientation, without providing any factual basis to support this claim.
  • The Tribunal has previously stated that it does not have jurisdiction to review actions of a court, such as the Divisional Court, as courts are not suable entities.
  • The applicant failed to provide a factual basis beyond mere speculation and/or a bald assertion to link the respondent's conduct to his Code-enumerated grounds.
  • The Tribunal has jurisdiction to enforce the Human Rights Code, but only in cases where there is a clear link between the respondent's actions and the applicant's enumerated ground(s).

Statistics:

  • 1: The number of times the applicant used the term "gender discrimination" in his application.
  • 3: The number of times the Tribunal has previously stated that it does not have jurisdiction to review actions of a court.
  • 10: The number of previous Tribunal decisions cited in the decision, including Wu v. City of Toronto and Toronto Ombudsman, 2023 ONSC 6192, and Hay v. Ontario (Human Rights Tribunal), 2014 ONSC 2858.

Sources:

  • Human Rights Code, R.S.O. 1990, c. H. 19, as amended.
  • Wu v. City of Toronto and Toronto Ombudsman, 2023 ONSC 6192.
  • Hay v. Ontario (Human Rights Tribunal), 2014 ONSC 2858.
  • Tribunal's Rules of Procedure, Rule 13.1.
  • Groblicki v. Watts Water, 2021 HRTO 461.
  • Mehedi v. Mondalez Bakery, 2023 ONSC 1737.
  • Tran v. The Ontario Divisional Court, 2023 HRTO 1164.
  • Ferron v. The Governing Council of Salvation Army in Canada, 2017 HRTO 505.

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