Human rights application alleging creed discrimination by school board dismissed for lack of standing.
The applicant, a Secular Humanist, filed a human rights application alleging that the respondent school board exhibited a preference for Protestant Christianity by operating a Christian public high school and allowing Christian mission activities.
The Tribunal dismissed the application on the preliminary issue of standing.
The Tribunal found that the applicant did not have a direct personal legal interest in the matters complained of, as neither he nor his children attended the school in question or participated in the challenged activities.
The Tribunal held that the Human Rights Code does not permit individuals to bring public interest applications regarding matters that do not directly engage their own rights.
Human rights application dismissed against municipal respondents for failing to allege specific acts of discrimination.
The applicant filed a human rights application alleging that several Beck taxis refused her service because she has a service animal.
She also named the Toronto Licensing Commission, the City of Toronto, and Municipal Licensing & Standards as respondents.
The Tribunal issued a Notice of Intent to Dismiss regarding the municipal respondents, as the application failed to identify any specific acts of discrimination committed by them.
The applicant did not file submissions in response.
The Tribunal dismissed the application against the municipal respondents, finding it plain and obvious that the application did not raise issues within its jurisdiction regarding them, and ordered the application to be served on the taxi company.
Human rights application deferred pending completion of concurrent union grievance arbitration.
The applicant filed an application alleging discrimination in employment based on disability regarding a job competition.
The respondent requested deferral of the application because the same facts and human rights issues were the subject of an ongoing union grievance scheduled for arbitration.
The Tribunal deferred the application pending the completion of the grievance process, noting the substantial overlap and the concurrent jurisdiction of grievance arbitrators over human rights claims.
Human rights application dismissed as abandoned after applicant failed to respond to Notice of Intent to Dismiss.
The applicant filed an application alleging discrimination with respect to services because of reprisal.
The Tribunal issued a Notice of Intent to Dismiss (NOID) because the application did not identify specific acts of discrimination or support the allegation of reprisal.
The applicant failed to file written submissions in response to the NOID by the specified deadline.
Consequently, the Tribunal dismissed the application as abandoned.
Human rights application dismissed as abandoned after applicant failed to respond regarding CCAA stay.
The applicant filed an application alleging discrimination in employment on the basis of race, family status, and reprisal.
In a previous interim decision, the Tribunal directed the applicant to advise whether he wished to continue the application in light of a stay of proceedings imposed under the Companies' Creditors Arrangement Act.
The applicant failed to communicate with the Tribunal within the specified 30-day period.
Adjournment request denied as counsel's double-booking did not constitute an extraordinary circumstance.
The respondents requested an adjournment of the scheduled hearing dates because their counsel was double-booked for another Tribunal matter.
The Tribunal noted that the hearing dates had been known for over four months and that the request was made well past the 14-day deadline for rescheduling requests.
Finding that a double-booking does not constitute an extraordinary circumstance warranting a late adjournment, the Tribunal denied the request.
Interim requests for adjudicator removal and adjournment dismissed; request to exclude witnesses granted.
The applicant in a human rights proceeding brought several interim requests, including a request to remove the adjudicator for a reasonable apprehension of bias, a request to adjourn the hearing to pursue a civil claim, and a request to exclude two of the respondent's proposed witnesses.
The adjudicator dismissed the bias and adjournment requests, finding no factual or legal basis for them.
The adjudicator granted the request to exclude the two witnesses, as their expected testimony related to the events leading to the applicant's arrest, which had already been determined in a criminal proceeding and could not be re-litigated.
The adjudicator also directed the applicant to indicate whether he wished to make oral submissions regarding the respondent's request to dismiss the application for abuse of process.
Requests for reconsideration of interim decision regarding document production and adding allegations dismissed.
The applicant requested reconsideration of an interim decision that declined to order production of a police policy manual chapter and declined to add allegations of torture and inhuman treatment regarding the denial of warm clothing while incarcerated.
The Tribunal dismissed both requests, finding that the interim decision was not final and therefore not subject to reconsideration.
Furthermore, the applicant presented no new facts, the respondent had already confirmed the policy manual's validity, and the clothing allegations had been previously dismissed at a summary hearing for lacking a connection to a prohibited ground.
Pre-hearing document production ordered for arguably relevant employment records; general email search denied.
The applicant in a human rights application alleging sex discrimination in employment brought a Request for an Order During Proceedings seeking production of her Record of Employment, timesheets, schedules, and emails.
The Tribunal applied the arguable relevance test and ordered the production of the ROE, timesheets, schedules, and specific emails between the applicant and a named individual.
The request for a general review of the applicant's email account was denied as a fishing expedition.
Applicant ordered to remove disclosed video from internet after violating implied undertaking rule.
The respondent requested an order imposing sanctions on the applicant for violating Rule 3.3 of the Tribunal's Rules of Procedure by posting a video disclosed during pre-hearing discovery on the internet.
The applicant admitted to posting the video but argued that Rule 3.3 was unconstitutional and that the public had a right to know about the respondent's alleged misconduct.
The Tribunal found that the applicant violated Rule 3.3, which codifies the implied undertaking rule, and that the constitutional challenge was not properly brought.
The Tribunal ordered the applicant to remove the material from the internet and warned that further breaches could result in the dismissal of the application.
Human rights application dismissed for lack of jurisdiction as the respondent employer is federally regulated.
The applicant filed a human rights application alleging discrimination in employment on the basis of disability against her employer, an interprovincial cash-in-transit business.
The organizational respondent requested dismissal on the basis that its business is federally regulated.
The applicant conceded that the issues were within exclusive federal jurisdiction.
The Tribunal dismissed the application for lack of jurisdiction, noting that any claim must be made to the Canadian Human Rights Commission.
Human rights application dismissed as abandoned after applicant failed to file pre-hearing disclosures.
The applicant filed a human rights application alleging discrimination in employment based on sex, gender identity, and reprisal.
The Tribunal directed the parties to exchange and file pre-hearing disclosures.
The respondents complied, but the applicant did not.
The Tribunal issued a Case Assessment Direction warning the applicant that failure to comply could result in the application being dismissed as abandoned.
The applicant failed to file the required materials or contact the Tribunal.
Applicant ordered to cease public disclosure of litigation documents pursuant to Rule 3.3.
The respondent requested an order directing the applicant to cease and desist public disclosure of documents provided for the sole purpose of litigation.
The applicant had disclosed documents and sent emails to community members regarding the litigation.
The Tribunal found the applicant in breach of Rule 3.3, which prohibits the use of disclosed documents for any purpose other than the proceeding.
The applicant was ordered to comply with Rule 3.3 and the respondent was ordered to immediately comply with its disclosure obligations.
Request to remove intervenor union denied as union has an interest in the application.
The applicant filed a human rights application alleging discrimination in employment.
The applicant's union filed a Notice of Intervention.
The applicant brought a request for an order to remove the intervenor union, arguing the union did not assist him and he was not employed long enough to become a member.
The Tribunal denied the request, noting that a union nearly always has an interest in an application brought by a member of its bargaining unit, particularly where the applicant seeks reinstatement which may affect the collective agreement.
Request to reactivate deferred human rights application denied as WSIB appeal not unduly delayed.
The applicant filed a Request for an Order During Proceedings seeking to reactivate her human rights application, which had been deferred pending the outcome of her WSIB appeal.
She argued that the WSIB process had become unduly delayed and that continued deferral was causing her psychological distress.
The Tribunal dismissed the request, finding no evidence that the WSIB appeal was delayed beyond normal expectations, and noting that the medical evidence provided did not establish that continued deferral would cause harm.
Respondent deemed to have accepted discrimination allegations after failing to file a Response.
The applicant filed an application alleging employment discrimination based on disability.
The respondent failed to file a Response despite receiving a Notice of Application and a subsequent direction from the Tribunal warning of the consequences of failing to respond.
The Tribunal ordered that the respondent is deemed to have accepted all allegations in the Application, waived all rights to notice or participation, and scheduled a case management conference call to determine next steps for the applicant.
Request to bifurcate human rights hearing into liability and remedy stages denied.
The respondent in a human rights application regarding housing accommodation requested an order to bifurcate the hearing into separate liability and remedy stages.
The respondent argued that the applicants sought unusual and complex remedies and that most witnesses would only testify regarding remedy.
The applicants opposed the request, arguing that all their witnesses would testify on liability and that bifurcation would cause undue hardship.
The Tribunal denied the request, finding that the requested remedies arose from the liability issue of whether the respondent adequately addressed the alleged harassment, and that bifurcation would not result in a more expeditious hearing.
Request to add former employee as individual respondent to human rights application granted.
The applicant filed a Request for an Order During Proceedings to add a former employee of the organizational respondent as an individual respondent to her human rights application.
The application alleged the former employee harassed her because of her relationships with racialized people.
Applying the three-part test from Smyth, the Tribunal found that the allegations could support a Code violation, the individual's conduct was a central issue, and there was no apparent prejudice.
The request to add the individual respondent was granted.
Tribunal orders respondent to request arguably relevant medical forms from Crown; other disclosure requests dismissed.
The applicant filed three Requests for an Order During Proceedings seeking document disclosure, exclusion of evidence, and a declaration of guilt against the respondent police services board.
The Tribunal ordered the respondent to request the applicant's Prisoner's Medical Forms from the Crown, as they were arguably relevant and the applicant claimed they were in the Crown's possession.
The Tribunal dismissed the applicant's requests for a policy document, video evidence that no longer existed, and the exclusion of late-disclosed documents, finding no prejudice to the applicant.
Request to reactivate deferred application denied because a second related civil action remained unresolved.
The applicant filed a Request for an Order During Proceedings to reactivate his human rights application, which had been deferred pending the conclusion of two related civil actions.
The applicant provided evidence that one of the civil actions had settled, but provided no information regarding the second action against the respondent and its insurer.
The Tribunal denied the request to reactivate, finding that the original deferral order required both civil actions to be concluded before the application could proceed.