Landlord breached Human Rights Code by failing to accommodate tenant's environmental sensitivities to paint fumes.
The applicant, a tenant with environmental sensitivities, alleged that the respondent landlord discriminated against her by failing to accommodate her disability.
The applicant provided medical notes indicating that fumes from paint and varnish used in nearby apartments caused her to become ill.
The respondent argued the medical evidence was insufficient and took no steps to accommodate her.
The Tribunal found that the applicant had established a disability and a need for accommodation, and that the respondent failed to accommodate her to the point of undue hardship, thereby breaching her rights under the Human Rights Code.
Reconsideration request dismissed after respondent failed to provide documentation supporting his bankruptcy claim.
The respondent requested a reconsideration of a Tribunal decision finding he committed sexual harassment, asserting he was in bankruptcy and could not afford the damages award.
The Tribunal directed the respondent to provide documentation from his trustee in bankruptcy to support his claim that the proceedings should be stayed under the Bankruptcy and Insolvency Act.
The respondent failed to comply with the Tribunal's directions to provide the necessary documents.
Consequently, the Tribunal dismissed the request for reconsideration.
Human rights application withdrawn and hearing cancelled after applicant confirmed moving out of province.
The applicant filed an application alleging discrimination with respect to goods, services, and facilities because of disability.
Prior to the scheduled hearing, the applicant's litigation guardian informed the Tribunal that the family was moving out of the province and would not be pursuing the case.
The Tribunal treated the communication as a request to withdraw under Rule 10 of the Tribunal's Rules of Procedure and granted the request, cancelling the scheduled hearing dates.
Human rights application found timely due to weekend extension; individual respondents removed.
The applicant filed a human rights application alleging discrimination and reprisal after the respondent rescinded an offer to rehire him.
The respondent requested dismissal of the application, arguing it was filed outside the one-year limitation period and constituted an abuse of process.
The Tribunal found the application was timely because the limitation period expired on a Saturday, extending the deadline to the next business day.
The Tribunal also removed the individual respondents as the corporate respondent accepted vicarious liability, and declined to dismiss the application as an abuse of process, though it warned the applicant about using inappropriate language.
Adjournment request denied as the applicant's potential scheduling conflict was speculative.
The applicant requested an adjournment of a scheduled preliminary hearing because she might be required to attend a professional conference out of the country.
The respondent opposed the request.
The Tribunal denied the request, finding that the applicant's need to postpone was speculative and did not constitute an exceptional circumstance warranting an adjournment.
Intervenor status granted to advocacy group but limited to submissions to prevent hearing delay.
The applicants alleged discrimination on the basis of creed after receiving a parking ticket near their mosque during Friday prayers.
The National Council of Canadian Muslims (NCCM) filed a Request to Intervene, seeking to make submissions and cross-examine witnesses.
The respondent opposed the request, arguing it would unnecessarily prolong the hearing.
The Tribunal granted NCCM intervenor status but limited its participation to written and oral submissions, finding that allowing cross-examination would be potentially repetitive and lengthen the hearing given that the applicants were already represented by counsel.
Application against employer dismissed; employer acted reasonably in response to employee's report of sexual assault.
The applicant alleged she was sexually assaulted by a co-worker (the individual respondent) shortly after starting employment.
The individual respondent was criminally convicted.
The applicant alleged the organizational respondent failed to address her concerns prior to the assault, failed to take action after she reported the assault, and informed her she had been replaced when she resigned.
The Tribunal found the employer acted reasonably by agreeing she should call the police, and that the employer did not replace her immediately.
The application against the organizational respondent was dismissed.
The hearing regarding the individual respondent was deferred pending the applicant filing the criminal court's judgment.
Tribunal denies respondent's second request for summary hearing and bifurcation, but excludes remedy-related evidence from liability phase.
The respondent College of Nurses of Ontario brought a Request for an Order During Proceedings seeking to have its motion to dismiss heard at the outset of the hearing, or alternatively to bifurcate the liability phase, and to strike certain witness statements.
The Tribunal denied the requests for a summary hearing and bifurcation, finding them to be attempts to re-litigate previously decided issues.
The Tribunal granted the request to exclude certain witness evidence during the liability phase, as the proposed evidence related to remedial issues such as the impact of the alleged discrimination on the applicant's career and finances.
Human rights application against Service Canada dismissed for lack of provincial jurisdiction.
The applicant filed a human rights application alleging discrimination by Service Canada regarding the denial of employment insurance benefits.
The Tribunal dismissed the application at a preliminary stage, finding it plain and obvious that the respondent is a federal government department subject to federal jurisdiction, and therefore outside the Tribunal's provincial jurisdiction.
Tribunal orders College to provide former employee's personal information to assist applicant with service.
The applicant filed a human rights application alleging discrimination and reprisal.
One of the individual respondents, a former employee of the respondent College, could not be served because the College no longer had his current address.
The applicant requested an order requiring the College to provide personal information it held regarding the former employee to assist in locating him.
The College consented to providing specific information (financial institution, address on record, references, and emergency contact) subject to a Tribunal order to comply with the Freedom of Information and Protection of Privacy Act.
The Tribunal ordered the College to provide the consented information.
Human rights application deferred pending resolution of related WSIB proceeding.
The applicant requested to defer her human rights application alleging discrimination based on disability pending the completion of a related proceeding before the Workplace Safety and Insurance Board (WSIB).
The respondent consented to the deferral but expressed concerns about potential delay.
The Tribunal granted the deferral, noting the significant overlap in factual and legal issues between the proceedings and the potential for inconsistent findings if they proceeded concurrently.
Request to add individual respondent granted due to potential lack of corporate vicarious liability for harassment.
The applicant filed a Request for an Order During Proceedings to add the owner and manager of the organizational respondent as an individual respondent, and to amend the application to include disability and additional remedies.
The respondents consented to the amendments but opposed adding the individual respondent.
The Tribunal granted the request, finding a compelling juridical reason to add the individual respondent because the organizational respondent would not be vicariously liable for the alleged harassment under section 5(2) of the Human Rights Code.
Tribunal orders service on corporate respondents despite sale of hotel property where alleged harassment occurred.
The applicant filed a human rights application alleging sexual harassment and solicitation in employment.
The corporate respondents failed to file Responses, and a representative claimed the hotel property had been sold and management terminated.
The applicant provided evidence that the corporate respondents remained active and argued their liability did not end with the sale.
The Tribunal agreed, finding that liability for alleged Code breaches is not necessarily extinguished by a subsequent sale, and directed that the Application be served on the organizational respondents at their new addresses.
Request for expedited hearing granted due to impending closure of respondent's only Canadian plant.
The applicant requested an expedited hearing of his human rights application alleging discrimination based on disability and age.
The request was based on the impending closure of the respondent's only Canadian plant, after which the respondent would have no operations or assets in Canada, potentially rendering any Tribunal order unenforceable.
The respondent did not oppose the request.
The Tribunal granted the request to expedite the hearing, finding the circumstances urgent.
Request to reactivate deferred human rights application denied as union grievance remained active.
The applicant filed a Request for an Order During Proceedings seeking to reactivate her human rights application, which had been deferred pending the conclusion of a union grievance.
The applicant claimed the grievance had been withdrawn, but the respondent submitted that the union advised the grievance remained active.
The Tribunal found no proper basis to conclude the grievance had been withdrawn and denied the request to reactivate the application.
Request to add police service and former chiefs as respondents to human rights application denied.
The applicant in a human rights complaint alleging racial profiling by a police officer brought a request for an order to add the Ottawa Police Service, the former Chief of Police, and the former Deputy Chief as respondents.
The Tribunal dismissed the request, finding that the Ottawa Police Service is not a legal entity, the Application contained no allegations against the proposed individual respondents, and their addition was not necessary to implement any potential remedies.
Tribunal grants respondent's request to consolidate two human rights applications involving the same parties.
The respondent requested an order to consolidate two human rights applications filed by the applicant against it.
The first application alleged discrimination based on creed, and the second alleged discrimination based on disability and family status.
The Tribunal applied the factors for consolidation, noting the applications involved the same parties and formed a factual and chronological continuum.
With the applicant's apparent consent, the Tribunal granted the request and ordered the applications consolidated.
Human rights application dismissed as out of time with no good faith explanation for delay.
The applicant filed a human rights application alleging discrimination in employment on the basis of disability, claiming his employment was terminated in 2009 after he experienced sudden deafness and tinnitus.
The Tribunal issued a Notice of Intent to Dismiss because the application was filed more than four years after the last alleged incident of discrimination.
The applicant failed to provide a good faith explanation for the delay, arguing only that he was waiting for the completion of a Veterans Affairs Canada process.
The Tribunal dismissed the application as it was plainly out of time.
Human rights application alleging discrimination and reprisal in work assignments dismissed at summary hearing.
The applicant, a seasonal employee, alleged discrimination on the basis of sexual orientation and reprisal by her employer and union regarding her work assignments, alleged workplace harassment, and union representation.
The Tribunal held a summary hearing and dismissed the application.
The Tribunal found that the applicant had no reasonable prospect of success because she could not point to any evidence linking the alleged unfair treatment to her sexual orientation or establishing an intention to retaliate for a previous human rights application.
Furthermore, allegations regarding a 2012 work assignment were dismissed for delay as they fell outside the one-year time limit and did not form part of a series of incidents with any timely, viable allegations.
Tribunal declined to defer human rights application where concurrent Charter challenge in criminal proceedings was merely speculative.
The applicant filed a human rights application alleging discrimination based on gender expression after being required to remove her brassiere while in police custody.
The Tribunal considered whether to defer the application pending the conclusion of concurrent criminal proceedings, as the respondent suggested the applicant might bring a Charter challenge on the same facts.
The Tribunal declined to defer the application, finding that it was uncertain whether a Charter application would actually be brought, and deferral on a speculative basis was not appropriate.