Human Rights Tribunal of Ontario Dismisses Application for Lack of Jurisdiction

Strategic Insights -

The Human Rights Tribunal of Ontario has issued a decision dismissing an application alleging discrimination on the grounds of age, with respect to services, contrary to the Human Rights Code. The applicant, Ho Ling Tang, filed an Application against The Bank of Nova Scotia (Scotiabank), Haiyan Zhang, and Kathleen Jin, alleging that they were discriminated against due to their age. However, the Tribunal found that the applicant failed to provide a factual basis to link the respondent's conduct to their age, and therefore, the application was dismissed for lack of jurisdiction.

Key Takeaways:

  • The applicant failed to provide a coherent narrative that explains the particulars of the alleged discrimination and discloses a basis on which the applicant's allegations are connected to the Code and to the respondents.
  • The applicant made bald assertions that the respondent's actions were connected to their age, but did not provide any factual basis to support this claim.
  • The Tribunal does not have jurisdiction over general allegations of unfairness unless the unfairness is connected, in whole or in part, to one of the grounds specifically set out in Part I of the Code.
  • The applicant's narrative of incidents of alleged discrimination fails to identify any specific acts of discrimination within the meaning of the Code allegedly committed by the respondents.
  • The applicant's allegations were not supported by any evidence or facts, and were merely speculative and accusatory.
  • The Tribunal's jurisdiction is limited to the enforcement of the Code, and the applicant's claims did not fall within this jurisdiction.

Statistics:

  • The application was filed in 2021 and was dismissed on February 26, 2024.
  • The applicant made 5 allegations against the respondents, including age discrimination, defamation, and intimidation.
  • The Tribunal received the applicant's submissions on January 3, 2023, and again on February 10, 2023, but the applicant failed to address the jurisdictional issues raised by the Tribunal.
  • The Tribunal held a hearing in writing, as permitted by the Divisional Court in Iyirhiaro v. Human Rights Tribunal of Ontario and TTC, 2012 ONSC 3015.

Sources:

  • Tan v. The Bank of Nova Scotia (Scotiabank), 2024 HRTO 284
  • Miller v. Prudential Lifestyles Real Estate, 2009 HRTO 1241 (CanLII)
  • Mafinezam v. University of Toronto, 2010 HRTO 1495 (CanLII)
  • Garrie v. Janus Joan Inc., 2012 HRTO 1955
  • Thomas v. Toronto Transit Commission, 2009 HRTO 1582 (CanLII)
  • Diler v. Cambridge Memorial Hospital, 2010 HRTO 1224 (CanLII)
  • Masood v. Bruce Power, 2008 HRTO 381 (CanLII)
  • Belso v. York Region Police, 2009 HRTO 757 (CanLII)
  • Cooper v. Pinkofskys, 2008 HRTO 390 (CanLII)
  • Forde v. Elementary Teachers' Federation of Ontario, 2011 HRTO 1389
  • Noor v. Midyanta Community Services, 2012 HRTO 375 (CanLII)
  • MF v. Child and Family Services of Timmins and District, 2009 HRTO 979 (CanLII)
  • Iyirhiaro v. Human Rights Tribunal of Ontario and TTC, 2012 ONSC 3015
  • G.L. v. OHIP (General Manager), 2014 ONSC 5392
  • Groblicki v. Watts Water, 2021 HRTO 461
  • Hay v. Ontario (Human Rights Tribunal), 2014 ONSC 2858
  • Bello v. Toronto Transit Commission, 2014 ONSC 5535
  • Mehedi v. Mondalez Bakery, 2023 ONSC 1737
  • Xia v. Board of Governors of Lakehead University, 2020 ONSC 6150 (Div. Ct.)