Tribunal amends previous order on consent to delay special diet allowance pending judicial review.
The Human Rights Tribunal of Ontario amended its previous order in Martel v. Ontario (Community and Social Services), 2012 HRTO 735, on consent of all parties.
The amendment delays the respondent's obligation to provide retroactive and ongoing special diet allowances for chronic hepatitis C until 60 days after the release of the Divisional Court's decision on the application for judicial review, provided the respondent is unsuccessful.
Application dismissed as abandoned due to applicant's failure to comply with disclosure rules.
The applicant failed to comply with Rules 16 and 17 of the Tribunal's Rules of Procedure, which require the delivery and filing of a witness list, witness statements, and documents at least 45 days prior to the hearing.
After being warned in a Case Assessment Direction that the application could be dismissed as abandoned if the documents were not filed within seven days, the applicant failed to file the documents or communicate with the Tribunal.
The application was dismissed as abandoned.
Human rights application dismissed as abandoned after applicant failed to attend scheduled summary hearing.
The applicant filed an application under section 34 of the Human Rights Code.
A teleconference summary hearing was scheduled, and proper notice was sent to the parties.
The applicant failed to attend the hearing, while counsel for the respondents appeared.
After waiting the customary half hour, the Tribunal dismissed the application as abandoned due to the applicant's failure to attend.
Human rights application by single father excluded from single mothers' program dismissed as protected special program.
The applicant, a single father, alleged discrimination on the basis of sex after being denied participation in a recreation and support program designed for single mothers and their children.
The respondents argued the program was a special program protected by s. 14(1) of the Human Rights Code.
The Tribunal found that the program was designed to relieve the economic and social disadvantage experienced by single mothers and that admitting men would negatively impact the group dynamics, particularly regarding discussions of male violence.
The Tribunal concluded the program was a protected special program and dismissed the application.
Human rights application dismissed as abandoned after applicant failed to attend the scheduled hearing.
The applicant filed a human rights application alleging discrimination with respect to services because of disability.
The application was deferred pending the resolution of a public complaint under the Police Services Act.
The applicant subsequently failed to file written submissions or attend the scheduled hearing.
The respondents requested that the application be dismissed as abandoned.
The Tribunal dismissed the application as abandoned due to the applicant's failure to attend the hearing or communicate with the Tribunal.
Human rights application dismissed as abandoned after applicant failed to comply with document filing directions.
The Tribunal scheduled the application for a hearing and directed the parties to file documents, witness lists, and summaries of evidence.
The applicant failed to comply with this direction and a subsequent Case Assessment Direction warning that the application could be dismissed as abandoned.
Due to the applicant's failure to comply with her obligations under the Tribunal's rules, the application was dismissed as abandoned and the hearing was cancelled.
Request to revoke intervenor status of migrant worker advocacy group in sexual harassment case denied.
The individual respondent requested that the Tribunal revisit its previous order granting Justicia for Migrant Workers (J4MW) leave to intervene in the applications.
The applications involved allegations of sexual harassment against migrant workers.
The respondent argued for an in-person hearing on the request and that J4MW lacked a significant interest.
The Tribunal held that there is no right to oral submissions on preliminary issues and declined to revisit its previous order, finding that the social context affecting migrant workers remained relevant to the sexual harassment allegations and potential remedies.
Request for reconsideration dismissed; Tribunal's limitation of special diet remedy to chronic hepatitis C upheld.
The complainants requested a reconsideration of a previous Tribunal decision that found discrimination regarding the special diet allowance for social assistance recipients with chronic hepatitis C. The complainants argued the Tribunal should have also made findings and ordered remedies regarding cirrhosis from other causes.
The Tribunal dismissed the request for reconsideration, finding that its decision to limit findings to the specific disability of the lead complainant (chronic hepatitis C) was consistent with its established approach to the special diet litigation.
The Tribunal reiterated that it acts as an arbiter of individual rights violations, not as a designer of the government's social welfare programs.
Application alleging sex discrimination for lack of child minding at co-ed fitness club dismissed.
The applicant, a father and primary caregiver, alleged sex discrimination because the respondent offered child minding services at a nearby women-only fitness club but not at the co-educational club he attended.
The Tribunal dismissed the application on a preliminary basis for having no reasonable prospect of success.
The Tribunal found that section 20(3) of the Human Rights Code permits recreational clubs to restrict services based on sex, and that substantive equality does not require the respondent to provide identical services at a nearby co-educational facility.
Request to add a successor respondent post-liability decision dismissed due to procedural unfairness.
Following a final decision allowing the application and ordering remedies, the applicant filed a Request for Order During Proceedings to add Janus Joan (1996) Inc. as a respondent, arguing it was a successor organization.
The Tribunal dismissed the request, finding it procedurally unfair to add a party and make it liable based on a hearing of which it had no notice and in which it did not participate.
The proposed respondent's request for costs was also dismissed as costs are not available in the Tribunal's process.
Attorney General granted leave to intervene; submissions requested on deferral of application.
The Attorney General for Ontario sought leave to intervene in an application challenging the validity of certain sections of the Workplace Safety and Insurance Act under the Human Rights Code.
The Tribunal granted the intervention request.
The Tribunal also requested written submissions from all parties on the Attorney General's request to defer the application pending a decision by the Workplace Safety and Insurance Appeals Tribunal.
Human rights complaint withdrawn with leave of the Tribunal.
The complainant sought to withdraw her human rights complaint against the Ministry of Community and Social Services.
The Human Rights Tribunal of Ontario granted leave and the complaint was withdrawn.
Human rights application cannot proceed on behalf of deceased applicant without court-appointed estate trustee.
The applicant passed away intestate after filing a human rights application.
Her husband sought to continue the application without being appointed as estate trustee by a court, arguing the Tribunal could appoint him as personal representative under its procedural powers.
The Tribunal held that it does not have the authority to bypass the comprehensive statutory regime governing estates.
An estate trustee must be appointed by the Superior Court of Justice before the application can proceed.
Human rights complaints withdrawn with leave of the Tribunal.
The complainant sought to withdraw their human rights complaints against the respondents.
The Human Rights Tribunal of Ontario granted leave and the complaints were withdrawn.
Respondent prohibited from applying retroactive human rights benefits towards pre-existing social assistance overpayments.
The Tribunal determined the appropriate remedial order for two cases of discrimination regarding the Special Diet Allowance under the Ontario Disability Support Program.
The respondent argued it should be entitled to apply the retroactive benefits owed to the complainants towards their pre-existing overpayments.
The Tribunal held that, to meaningfully remedy the discrimination and place the complainants in the position they would have been in absent the Code violation, the respondent must pay the retroactive benefits directly to the complainants without deducting the overpayments.
Tribunal finds special diet allowance program discriminates against individuals with chronic hepatitis C.
The complainants, who receive Ontario Disability Support Program benefits and have been diagnosed with chronic hepatitis C, alleged that the special diet allowance program discriminated against them on the basis of disability.
Applying the test from Ball v. Ontario, the Tribunal found that there is general recognition in the Ontario medical community that individuals with chronic hepatitis C require modifications to a regular healthy diet, specifically increased protein and energy.
The Tribunal concluded that the complainants established disability-based discrimination and ordered the respondent to provide retroactive and ongoing special diet allowances for chronic hepatitis C.
Human rights complaints regarding autism services funding dismissed as abandoned after complainants failed to respond.
The Ontario Human Rights Commission referred five cases related to the funding of autism-related services to the Tribunal.
The Tribunal issued a Case Assessment Direction requiring the complainants to confirm their desire to proceed to a hearing within 28 days, failing which the complaints would be dismissed as abandoned.
None of the complainants responded.
Consequently, the Tribunal dismissed the complaints as abandoned.
Human rights complaints regarding autism services funding dismissed as abandoned for failure to respond.
The Human Rights Tribunal of Ontario issued a Case Assessment Direction requiring the complainants to confirm their desire to proceed to a hearing regarding their complaints about autism-related services funding.
The complainants failed to respond by the extended deadline.
Consequently, the Tribunal dismissed the complaints listed in Schedule A as abandoned.
Human rights application dismissed as abandoned after applicant failed to file required materials.
The applicant was directed to provide material and submissions in support of his human rights application by a specified deadline, which was extended multiple times.
The applicant failed to file any materials or communicate with the Tribunal.
Consequently, the application was dismissed as abandoned.
Human rights application deferred pending conclusion of Law Society disciplinary proceedings.
The applicant, a lawyer, filed a human rights application alleging that the Law Society's investigation into his professional conduct constituted racial profiling and reprisal.
The applicant sought to amend his application to add new allegations and respondents, while the Law Society requested that the Tribunal defer the application pending the outcome of its disciplinary proceedings.
The Tribunal allowed the amendment in part, refusing to add new respondents against whom no Code violations were alleged.
The Tribunal granted the request to defer, finding that the Law Society Hearing Panel has the jurisdiction to consider human rights issues and that deferral would avoid unnecessary duplication and inconsistent decisions.