Reconsideration request dismissed as applicant failed to meet the criteria under Rule 26.5.
The applicant requested reconsideration of a Tribunal decision that dismissed her application for being outside the Tribunal's jurisdiction.
The applicant alleged that the Tribunal ignored evidence of bullying and harassment and violated its own rules.
The Tribunal dismissed the request for reconsideration, finding that the applicant failed to demonstrate how the decision conflicted with established jurisprudence or involved a matter of public importance, and failed to identify factors outweighing the public interest in the finality of decisions.
Request to amend human rights application to add reprisal allegations granted in part.
The applicant filed a Request for an Order During Proceedings to amend her human rights application to add allegations of reprisal against the respondent.
The applicant alleged that the respondent's president repeatedly contacted her after she filed the application, causing her emotional stress.
The respondent did not oppose the request.
The Tribunal granted the request to add the reprisal allegations regarding the respondent's communications, but excluded allegations regarding a co-worker's threats, as the co-worker was not a named respondent.
Human rights application dismissed; shift cancellations were operational and single derogatory comments did not constitute harassment.
The applicant, a part-time Registered Nurse, alleged that her employer discriminated against her on the basis of race, place of origin, and ethnic origin.
She claimed her shifts were cancelled for discriminatory reasons and that co-workers made derogatory racial and ethnic comments.
The Tribunal found that the shift cancellations were based on valid operational reasons, specifically low patient census and the applicant's low seniority.
Regarding the comments, the Tribunal concluded that even if they were made, they were single, discrete incidents that were not sufficiently egregious or virulent to constitute harassment or discrimination under the Human Rights Code.
The application was dismissed.
Human rights application dismissed at preliminary stage for failing to connect alleged unfairness to prohibited grounds.
The applicant filed a human rights application alleging discrimination by the Human Rights Tribunal of Ontario and its personnel regarding the handling of her previous applications.
The Tribunal issued a Notice of Intent to Dismiss, noting the application failed to identify specific acts of discrimination connected to a prohibited ground.
The applicant's response reiterated her allegations of administrative unfairness without establishing a nexus to her race, colour, or other protected grounds.
The Tribunal dismissed the application, finding it plain and obvious that the allegations fell outside its jurisdiction.
Human rights application dismissed at preliminary stage for lack of standing and excessive delay.
The applicant, a former teacher whose employment was terminated in 2004, filed a human rights application alleging discrimination against students with disabilities and reprisal against herself for advocating on their behalf.
The Tribunal dismissed the application at a preliminary stage.
The Tribunal found that the applicant lacked standing to bring an application on behalf of unnamed students, as she did not have their consent and could not rely on implied consent.
Furthermore, the allegations regarding the infringement of her own rights were dismissed for delay, as the events occurred over a decade prior and no good faith explanation for the delay was provided.
Reconsideration granted and dismissal set aside where applicant asserted she did not receive notice.
The applicant requested reconsideration of a Tribunal decision that dismissed her human rights application as abandoned after she failed to file a Reply.
The applicant submitted that she did not receive the Tribunal's notice requiring her to file submissions.
Relying on recent Divisional Court jurisprudence, the Tribunal accepted the applicant's assertion that she did not receive the notice, granted the request for reconsideration, and set aside the previous decision.
Applicant ordered to disclose relevant documents and confirm Reply materials or face dismissal.
The respondent requested an order requiring the applicant to comply with document disclosure rules and file a Reply.
The Tribunal noted the applicant had filed materials intended as a Reply but missed the deadline for the formal form.
The Tribunal ordered the applicant to confirm her Reply materials and to disclose all relevant documents within 14 days, warning that failure to comply could result in the application being dismissed as abandoned.
Human rights application dismissed as abandoned after the applicant failed to respond to Tribunal directions.
The applicant filed an application under s. 34 of the Human Rights Code alleging discrimination with respect to goods and services.
The respondents sought early dismissal on the basis that a full and final release had been signed.
After the applicant's representative withdrew, the Tribunal directed the applicant to file a Reply to the Response.
The applicant failed to respond to the Tribunal's correspondence or the Case Assessment Direction.
Consequently, the Tribunal found the application to be abandoned and dismissed it.
Request for early production of employment file denied where respondents already disclosed consulting contract and invoices.
The applicant filed a human rights application alleging discrimination in employment.
The respondents requested a summary hearing.
The applicant sought an interim order for early production of his employment file to clarify his employment status before filing a Reply and Response to the summary hearing request.
The Tribunal denied the request, finding that early production was not necessary because the respondents had already disclosed the applicant's consulting contract and invoices, which provided the information sought.
Human rights application dismissed under section 34(11) due to concurrent civil action seeking same remedies.
The applicant filed a human rights application alleging discrimination and harassment by the respondents.
The respondents requested dismissal of the application under section 34(11) of the Human Rights Code, arguing that the applicant had commenced a civil action seeking remedies for the same alleged infringements.
The Tribunal found that the civil action arose from the same facts and sought remedies for the same alleged Code violations.
As section 34(11) is intended to prevent duplicative litigation, the Tribunal concluded it had no jurisdiction and dismissed the application.
Request for Tribunal-Ordered Inquiry denied as standard document production process applies.
The applicant, an elementary school teacher, alleged discrimination based on race after being accused of workplace violence.
He filed a Request for a Tribunal-Ordered Inquiry to obtain evidence of an alleged conspiracy against him.
The Tribunal denied the request, finding that a Tribunal-Ordered Inquiry is not a substitute for the usual document production process and that much of the requested information went beyond the scope of the narrowed application.
Human rights application dismissed as abandoned after applicant failed to provide requested status update.
The applicant filed an application alleging discrimination in employment because of age.
The Tribunal had previously deferred the application pending the completion of a related proceeding before the Canadian Human Rights Commission.
After the applicant and his counsel failed to respond to the Tribunal's requests for a status update by the specified deadline, the Tribunal deemed the application abandoned and dismissed it.
Human rights application dismissed for delay; waiting for union settlement is not a good faith explanation.
The applicant filed a human rights application alleging discrimination and reprisal in employment more than one year after the last alleged incident.
The applicant argued the delay was justified because she was waiting for her union to negotiate a settlement with her employer.
The Tribunal dismissed the application, finding that waiting for another process to conclude does not constitute a good faith explanation for delay under section 34 of the Human Rights Code.
Tribunal retains jurisdiction over employment dispute pending further evidence and denies request to amend application.
The applicant filed an application alleging employment discrimination based on disability.
The Tribunal raised a preliminary issue regarding whether the respondent, a television broadcasting enterprise, falls under federal rather than provincial jurisdiction.
Applying the 'plain and obvious' test, the Tribunal found that the nature of the respondent's business and the applicant's duties were in dispute, and therefore it was not plain and obvious that the matter fell outside its jurisdiction.
The Tribunal directed that processing of the application continue.
The Tribunal also dismissed the applicant's request to amend the application to add place of origin and citizenship as prohibited grounds, finding no proper basis for the amendment.
Human rights application dismissed for delay and lack of reasonable prospect of success.
The applicant filed a human rights application alleging discrimination in employment on the basis of disability, sex, and reprisal.
She claimed she was sexually harassed by a co-worker years prior, subjected to a toxic work environment, and reprised against when the respondent required her to pay rent for her employer-provided apartment while on medical leave.
The Tribunal dismissed the sexual harassment allegations for delay, finding no series of incidents and no good faith explanation for the delay.
After hearing the applicant's evidence, the Tribunal dismissed the remaining allegations, finding that the work environment complaints were not linked to any Code grounds and that the reprisal claim had no reasonable prospect of success because the applicant's underlying complaints did not relate to Code rights.
Tribunal dismisses applicant's procedural requests for production, adding respondents, and ordering inquiries in discrimination complaint.
The applicant, a former student expelled from the respondent university's Social Work Program, brought an application alleging discrimination.
In this interim decision, the Tribunal addressed several procedural requests by the applicant.
The Tribunal granted the applicant's request to amend his remedies on consent, but dismissed his requests for production of privileged documents and police reports, requests to add an admissions clerk and the respondents' counsel as individual respondents, requests for Tribunal-ordered inquiries into the university's operations, and requests for the contact information of other students.
The Tribunal found that the requested documents were either privileged or not in the respondents' control, the proposed respondents were not necessary parties, the requested inquiries were outside the scope of the proceeding, and the privacy interests of other students outweighed the limited probative value of their potential evidence.
Human rights application partially dismissed at summary hearing for lacking evidence of racial discrimination.
The applicant, a black teacher, alleged that workplace violence complaints filed against him by several co-workers were motivated by racial discrimination.
The respondents requested a summary hearing to dismiss the application for having no reasonable prospect of success.
The Tribunal dismissed the application against several individual respondents, finding no evidence linking their actions to the applicant's race.
However, the Tribunal allowed the application to proceed against the school board and two individuals regarding the initial incident, as the applicant's allegations of disproportionate reaction could potentially support an inference of discrimination.
Human rights applications alleging failure to accommodate disability consolidated and deferred pending concurrent grievance arbitration.
The applicant filed two human rights applications alleging discrimination in employment based on disability, claiming the respondents failed to accommodate his medical restrictions and refused to allow him to return to work.
The respondents sought to defer the applications pending a concurrent grievance arbitration process.
The Tribunal consolidated the two applications due to their similar facts and issues, and deferred them pending the resolution of the grievance arbitration, noting that grievance arbitrators have the authority and responsibility to enforce human rights obligations.
Human rights application dismissed as abandoned after applicant failed to attend mediation or respond.
The applicant filed an application under section 34 of the Human Rights Code.
The Tribunal scheduled a mediation session, which the applicant failed to attend without explanation.
After the applicant failed to respond to a subsequent direction from the Tribunal regarding her intentions, the Tribunal deemed the application abandoned and dismissed it.
Human rights application dismissed as an abuse of process due to applicant's repeated breaches of tribunal rules.
The respondent requested the dismissal of the human rights application on the basis that the applicant's conduct constituted an abuse of process.
The applicant repeatedly breached the Tribunal's rules and orders by posting documents obtained through the proceeding, including witness lists and booking room videos, on the internet.
The applicant also posted highly vulgar and insulting videos directed at the respondent and its counsel.
The Tribunal found that the applicant's actions demonstrated a blatant disregard for the Tribunal's rules and orders, amounting to a serious abuse of process.