Applicant ordered to explain why respondents not mentioned in narrative should remain in the application.
The respondents, a paralegal and his business, requested the dismissal of the human rights application against them, noting that the applicant's narrative made no reference to them and they had no involvement in the matters giving rise to the application.
The applicant did not file a reply.
The Tribunal ordered the applicant to provide submissions explaining why these respondents should remain named in the application, failing which they would be removed.
The Tribunal also directed the moving respondents to file full argument on the Tribunal's jurisdiction to award costs if they intended to pursue their costs request.
Request to expedite human rights application dismissed as circumstances were not truly urgent.
The applicant filed an Application alleging discrimination in employment on the basis of disability and a failure to accommodate.
The applicant also filed a request to expedite the Application, arguing that the failure to accommodate and the stress of the accommodation process may cause deterioration in her quality of life.
The Tribunal dismissed the request to expedite, finding that the circumstances were not truly urgent and that the stress generally caused by alleged human rights violations does not justify prioritizing the Application over others.
Adjournment request denied; lost file is not an exceptional circumstance justifying rescheduling.
The respondent requested an adjournment of a scheduled hearing before the Human Rights Tribunal of Ontario, citing a misplaced file and the need to wait for additional documentation from a third party.
The applicant opposed the request.
The Tribunal denied the adjournment, finding that a lost file does not constitute an exceptional circumstance justifying an adjournment, especially given the applicant's opposition and the ample time remaining before the hearing to obtain necessary documentation.
Application for breach of settlement dismissed as abandoned after applicant failed to respond to Tribunal directions.
The applicant filed an application alleging a breach of settlement because the respondent sent the settlement funds past the agreed deadline.
The respondent explained the delay was due to a clerical error and confirmed the funds had been sent.
The Tribunal directed the applicant to confirm in writing whether he disputed receiving the funds in full and what remedy he sought.
When the applicant failed to respond to the Tribunal's direction, the application was dismissed as abandoned.
Tribunal directed applicant to file submissions on whether a women's shelter provides services to him.
The applicant filed a human rights application alleging discrimination based on sex and disability against a women's shelter and its executive director.
The applicant claimed the respondents assisted the mother of his child in abducting his son and perjured themselves in court.
The Tribunal issued an interim decision questioning its jurisdiction, noting it is unclear whether a women's shelter provides services to the father of a resident's child within the meaning of the Human Rights Code.
The applicant was directed to file submissions explaining how his application raises allegations of discrimination with respect to services.
Application withdrawn with leave of the Tribunal despite respondent's request for jurisdictional dismissal.
The applicant requested leave to withdraw his human rights application pursuant to Rule 10 of the Tribunal's Rules of Procedure.
The respondent requested that the Tribunal instead dismiss the application for lack of jurisdiction.
The Tribunal granted the applicant leave to withdraw the application.
Tribunal orders respondent to file submissions explaining failure to respond before determining right to participate.
The applicant filed a human rights application alleging discrimination in housing.
The Tribunal previously deemed the respondent to have accepted all facts and waived its right to participate due to its failure to file a response.
The respondent subsequently retained counsel and sought to participate, citing the principal's absence from the country.
The Tribunal issued an interim decision directing the respondent to file a complete response and submissions explaining its failure to file earlier, holding the applicant's requirement to file additional materials in abeyance pending determination of the respondent's right to participate.
Applicant ordered to withdraw against a respondent or justify his inclusion after failing to address his response.
The applicant filed an application under the Human Rights Code regarding her employment.
One of the named respondents, a sole proprietor, filed a response stating he had no connection to the case and never employed the applicant.
The applicant's reply did not address this assertion.
The Tribunal ordered the applicant to either withdraw the application against this respondent or provide submissions explaining why he should remain a party to the proceeding.
Human rights application dismissed as abandoned after applicant failed to seek leave to lift receivership stay.
The applicant filed a human rights application against the respondents.
The Tribunal previously found that the application was stayed by a Superior Court receivership order and directed the applicant to seek leave from the Superior Court to lift the stay or reach an agreement with the Receiver.
The applicant failed to provide documentation showing he had commenced a motion in the Superior Court by the specified deadline.
Consequently, the Tribunal dismissed the application as abandoned.
Hearing adjourned due to applicant's pending Law Society complaint against respondent counsel alleging conflict of interest.
The applicant requested an adjournment of the scheduled hearing because he had filed a complaint with the Law Society of Upper Canada against counsel for one of the respondents, alleging a conflict of interest.
The respondents did not oppose the request.
The Tribunal found that these constituted exceptional circumstances justifying an adjournment.
The hearing was cancelled, and the matter was placed in abeyance for up to one year pending the resolution of the complaint.
Complainant's request for adjudicator's recusal based on reasonable apprehension of bias denied.
During a pre-hearing conference call, the complainant requested that the adjudicator recuse himself on the basis of a reasonable apprehension of bias.
The complainant argued that the adjudicator improperly raised the issue of bifurcating the hearing, was rude or condescending, and improperly allowed Commission counsel to confirm scheduling dates with a colleague.
The adjudicator dismissed the request, finding no basis for a reasonable apprehension of bias, noting that the Tribunal's Rules of Practice permit raising issues at a pre-hearing conference and that his interventions were necessary to control the process.
Interim procedural requests decided; publication ban denied but child applicant anonymized in age discrimination claim.
The applicant, an eleven-year-old student, alleged that the school board's head lice policy discriminated on the basis of age.
In this interim decision, the Tribunal addressed several procedural requests.
The Tribunal dismissed the applicant's requests for an interim remedy, to add the examining nurse as a respondent, and for early production of documents.
The Tribunal denied a publication ban but ordered that the applicant and her next friend be anonymized in decisions due to her age and the potential stigma.
The Tribunal also directed that the applicant's constitutional challenge to the definition of age in the Human Rights Code be heard as a preliminary issue.
Recusal request denied; Tribunal rules prohibit confidential communications from parties.
The complainant requested that the adjudicator recuse himself, alleging a reasonable apprehension of bias because the adjudicator disclosed information provided 'in confidence' to the other parties.
The Tribunal denied the request, noting that its rules require all communications to be shared with all parties and do not permit confidential communications.
The adjudicator also noted that a prior recusal request based on his professional relationship with the Toronto Police Association had already been addressed.
Application dismissed against municipal employees and councillors, but not the Mayor, as Town accepted vicarious liability.
The applicants, a gay couple, filed a human rights application alleging discrimination and harassment by the Town of Arnprior, its Mayor, and various municipal employees and councillors regarding the provision of municipal services and the Town's response to homophobic harassment.
The respondents requested that the application be dismissed against the ten personal respondents.
The Tribunal applied the factors from Persaud and dismissed the application against the municipal employees and councillors, finding no compelling reason to include them as the Town accepted vicarious liability for their actions.
However, the Tribunal declined to remove the Mayor as a party at this stage due to his central role in the alleged discrimination.
Application dismissed for lack of jurisdiction as court orders and child care are not services.
The applicant filed an application alleging discrimination in services by the Children's Aid Society, based on a court decision making her son a Ward of the Crown and the subsequent care he received.
The Tribunal dismissed the application for lack of jurisdiction, finding that a court decision cannot constitute a service provided by the respondent, and the care provided to the child, who is in the custody of the respondent, does not constitute discrimination against the applicant with respect to services.
Human rights application dismissed as abandoned after applicant failed to comply with Tribunal orders.
The applicant failed to comply with a previous interim decision requiring him to confirm his attendance at the scheduled hearing and to deliver a witness list and documents.
Despite the applicant's representative receiving the interim decision and correspondence from the respondent requesting dismissal, no steps were taken.
The Human Rights Tribunal of Ontario dismissed the application as abandoned and cancelled the hearing.
Complainant precluded from relitigating alleged police assaults dismissed in civil court, but racial profiling claims may proceed.
The respondents brought a motion to dismiss or limit a human rights complaint alleging racial profiling and assault by police officers, arguing that the complainant's prior unsuccessful civil action for assault and battery precluded relitigation of the facts.
The Tribunal applied the doctrine of abuse of process, holding that the complainant could not lead evidence conflicting with the civil court's factual findings that the alleged assaults did not occur.
However, the Tribunal found that the civil court had not decided whether race was a factor in the arrest or charges, and allowed those allegations, as well as allegations regarding the initial vehicle stop, to proceed.
Reconsideration request dismissed; Tribunal lacks jurisdiction over human rights complaints regarding banking services.
The applicant requested reconsideration of a Tribunal decision that dismissed his human rights application against a bank for lack of jurisdiction.
The applicant alleged that the Canadian Human Rights Commission refused to accept his complaint on the basis that the bank's customer service is managed by a privately owned corporation.
The Tribunal dismissed the request for reconsideration, finding the applicant provided no evidence of the Commission's refusal and no reason to doubt that the matter relates to banking under federal jurisdiction.
Request to expedite human rights application denied due to lack of true urgency and unexplained delay.
The applicant filed a human rights application alleging discrimination in employment on the basis of race, sex, and age, nine months after being dismissed from her position as a building superintendent.
She brought a request to expedite the application, citing financial hardship, difficulty finding new employment, and impacts on her maternity and parental Employment Insurance benefits.
The Tribunal denied the request, finding that the financial effects of employment termination do not generally constitute indications of urgency compared to other dismissal cases.
Furthermore, the applicant's unexplained nine-month delay in filing the application weighed against granting priority for expedited proceedings.
Request to expedite application denied as financial hardship from dismissal does not meet urgency threshold.
The applicant filed an application alleging discrimination on the basis of age and association after being dismissed from his employment as a building superintendent.
He filed a Request to Expedite the Application citing financial hardship and the impact on his spouse's maternity benefits.
The Tribunal denied the request, finding that the financial effects of employment termination do not generally constitute urgency compared to other dismissal cases, and noting the applicant waited nine months before filing the application.