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Human rights

Human Rights Tribunal of Ontario Dismisses Application of Nicoya Riley

Strategic Insights

— 1 min read

Nicoya Riley, an applicant from Ontario, Canada, filed an application with the Human Rights Tribunal of Ontario alleging discrimination based on her race, color, ancestry, place of origin, and ethnic origin against RSA Motors, the respondent. The application claimed that she received adverse treatment at the dealership, which she believed was due to negative stereotypes associated with her Afro-Caribbean ancestry. However, after reviewing the written submissions, the Tribunal found that the applicant failed to provide a factual basis beyond a bald assertion linking her ground to the respondent's actions. As a result, the application was dismissed.

Key Takeaways:

  • The Human Rights Tribunal of Ontario dismissed an application filed by Nicoya Riley, alleging discrimination based on her race, color, ancestry, place of origin, and ethnic origin against RSA Motors.
  • The applicant claimed that she received adverse treatment at the dealership due to negative stereotypes associated with her Afro-Caribbean ancestry.
  • The Tribunal found that the applicant failed to provide a factual basis beyond a bald assertion linking her ground to the respondent's actions.
  • The application was dismissed, as the Tribunal determined that the applicant's claims did not fall within their jurisdiction.
  • The Tribunal cited previous cases, including Iyirhiaro v. Human Rights Tribunal of Ontario and TTC (2012 ONSC 3015) and Mehedi v Mondalez Bakery (2023 ONSC 1737), to support their decision.
  • The applicant's reliance on Khan v. Ottawa (University of) (1997 CanLII 941) was distinguished from the current case, as the circumstances were different.
  • The Tribunal mentioned Gal v. Jaytex Group of Canada Ltd. (2013 HRTO 867) as a case where the Tribunal had considered a similar issue.

Statistics:

  • The application was filed on June 10, 2020. (Source: Application filing date)
  • The Hearing in writing was on February 23, 2024. (Source: Decision date)
  • The Tribunal cited previous cases in their decision, including Iyirhiaro v. Human Rights Tribunal of Ontario and TTC (2012 ONSC 3015) and Mehedi v Mondalez Bakery (2023 ONSC 1737).
  • The applicant's claims were dismissed, as they failed to provide sufficient evidence to support their allegations.

Sources:

  • Iyirhiaro v. Human Rights Tribunal of Ontario and TTC (2012 ONSC 3015)
  • Mehedi v Mondalez Bakery (2023 ONSC 1737)
  • Khan v. Ottawa (University of) (1997 CanLII 941)
  • Gal v. Jaytex Group of Canada Ltd. (2013 HRTO 867)
  • Human Rights Code, R.S.O. 1990, c. H. 19, as amended (Source: Code mentioned in the decision)

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