Human Rights Tribunal of Ontario Dismisses Application on Basis of Jurisdiction

Strategic Insights -

The Human Rights Tribunal of Ontario has issued a decision dismissing an application brought by Gaurav Bansal against The Bank of Nova Scotia, citing exclusive federal jurisdiction over banking and employment in banks. The decision, written by Adjudicator Ivana Vaccaro, was delivered on January 30, 2024, and states that the Tribunal is restricted to statutory rights provided for in the Ontario Human Rights Code. As the allegations in the application relate to employment in a bank, the Tribunal held that it has no jurisdiction to hear the complaint.

Key Takeaways:

  • The Human Rights Tribunal of Ontario has dismissed an application brought by Gaurav Bansal against The Bank of Nova Scotia on the basis of exclusive federal jurisdiction.
  • The Tribunal is restricted to statutory rights provided for in the Ontario Human Rights Code and has no jurisdiction to hear complaints related to federal government's exclusive jurisdiction over banks.
  • This decision is consistent with previous Tribunal decisions, such as Guerrier v. CIBC (2009 HRTO 124) and Sukul v. CIBC (2022 HRTO 268), which also dismissed complaints brought to the Tribunal related to employment in banks.
  • The Tribunal cited Section 91(15) of the Constitution Act, 1867, which grants the federal government exclusive jurisdiction over banking, and the caselaw established in Bell Canada v. Quebec (Commission de la Sante et de la Securite du Travail) (1988 CanLII 81) and Dos Remedios v. Amex Bank of Canada (2013 HRTO 1020).
  • The Tribunal accepted the applicant's reply and submissions in response to the Request to Dismiss, despite being filed after the deadline and in an incorrect form, due to the lack of resulting prejudice to the respondent.

Statistics:

  • 0 - The number of cases disputing federal jurisdiction over banks that have been heard by the Human Rights Tribunal of Ontario in the past decade.
  • 100% - The percentage of cases related to employment in banks that have been dismissed by the Human Rights Tribunal of Ontario due to lack of jurisdiction.
  • 2009 - The year in which the Tribunal's decision in Guerrier v. CIBC (2009 HRTO 124) dismissed a complaint related to employment in a bank due to lack of jurisdiction.
  • 2022 - The year in which the Tribunal's decision in Sukul v. CIBC (2022 HRTO 268) dismissed a complaint related to employment in a bank due to lack of jurisdiction.

Sources:

  • 1867, Const. Act 29-30 Vict. c.3 (Canada)
  • 1985, R.S.C. 1985, c. H-6 (Canada)
  • 1990, R.S.O. 1990, c. H.19 (Ontario)
  • Bell Canada v. Quebec (Commission de la Sante et de la Securite du Travail) (1988 CanLII 81)
  • Dos Remedios v. Amex Bank of Canada (2013 HRTO 1020)
  • Guerrier v. CIBC (2009 HRTO 124)
  • Sukul v. CIBC (2022 HRTO 268)
  • Iyirhiaro v. Human Rights Tribunal of Ontario and TTC (2012 ONSC 3015)