Human rights application dismissed as abandoned after applicant failed to respond to Notice of Intent to Dismiss.
The applicant filed an application under section 34 of the Human Rights Code alleging discrimination in employment.
The Tribunal issued a Notice of Intent to Dismiss because the application failed to identify any specific acts of discrimination connected to a protected ground under the Code.
The applicant was directed to file written submissions but failed to do so.
As a result, the Tribunal dismissed the application as abandoned.
Request to add three organizational respondents to human rights application granted on consent.
The applicant filed a Request for an Order During Proceedings to add three organizational respondents to her human rights application alleging discrimination in employment based on disability.
The respondents did not oppose the request and provided their correct legal names.
The Tribunal granted the request on consent and amended the style of cause to include the new organizational respondents.
Human rights application dismissed for delay as ignorance of rights did not constitute good faith.
The applicant filed a human rights application alleging a sexual advance by a member of the respondent YMCA.
The application was filed more than two years after the alleged incident.
The Tribunal issued a Notice of Intent to Dismiss for delay.
The applicant's only explanation for the delay was ignorance of his legal rights.
The Tribunal found that ignorance of rights does not constitute a good faith explanation for delay where the applicant had reason to inquire about his rights but chose not to.
The application was dismissed for delay.
The applicant filed an application alleging discrimination with respect to goods, services and facilities.
The Tribunal issued a Notice of Intent to Dismiss (NOID) because the application appeared to be filed outside the one-year limitation period without citing facts constituting good faith.
The applicant failed to file submissions in response to the NOID despite being granted an extension of time.
The Tribunal dismissed the application as abandoned.
Tribunal orders disclosure of internal HR email, rejecting respondent's claim of litigation privilege.
The applicant, who was dismissed from his employment after advising he would be absent for medical reasons, brought a request for an order requiring the respondent to produce an internal HR email.
The respondent claimed the email was protected by litigation privilege because it was created on the day of the applicant's dismissal.
The Tribunal found that the respondent failed to establish the email was created for the dominant purpose of litigation and ordered its disclosure.
Summary dismissal partially granted; workplace name-calling allegations allowed to proceed as potential discrimination.
The applicant alleged discrimination in employment based on gender identity and marital status, claiming a co-worker spread gossip and shared personal information with the applicant's estranged husband.
The respondents requested a summary hearing to dismiss the application for having no reasonable prospect of success.
The Tribunal found that most of the allegations related to interpersonal conflict and had no connection to the Code.
However, the Tribunal allowed the application to proceed regarding allegations that the co-worker repeatedly called the applicant a 'crazy bitch' or 'psycho bitch', as these could engage the grounds of disability or perceived disability and sex.
Employer breached duty to accommodate by failing to inform supervisor of employee's specific medical restrictions.
The applicant filed a human rights application on behalf of his brother, a grocery clerk with a cognitive disability and physical restrictions due to a back injury.
The applicant alleged the respondent employer failed to accommodate the claimant's physical restrictions by requiring him to lift heavy items and kneel.
The Tribunal found that while the employer made good faith efforts to accommodate the claimant, it breached its procedural duty by failing to provide the claimant's specific medical restrictions to his direct supervisor.
This led to a substantive failure to accommodate, as the claimant continued to perform tasks outside his restrictions.
The Tribunal ordered the respondent to pay $500 in damages for injury to dignity, feelings, and self-respect, and to clearly identify and communicate the claimant's restrictions to ensure future compliance.
Human rights application partially dismissed under s. 45.1 due to prior grievance settlement and arbitration.
The applicant, a transit operator, alleged racial discrimination and harassment by his employer, the Toronto Transit Commission.
The respondent requested that the application be dismissed under section 45.1 of the Human Rights Code, arguing that the substance of the allegations had been dealt with in a prior grievance settlement and a labour arbitration.
The Tribunal dismissed the allegations relating to a February 2012 incident and the applicant's termination, finding that the grievance settlement and the arbitrator's finding of just cause appropriately dealt with those issues.
However, the Tribunal allowed the remaining allegations of differential treatment and harassment to proceed, finding they had a reasonable prospect of success.
Interlocutory request for broad production of documents denied as an overly broad fishing expedition.
The applicant in a human rights proceeding alleging sexual harassment and reprisal requested an order requiring the organizational respondent to produce all notes taken by work transition specialists and investigators between 2011 and 2017.
The Tribunal denied the request, finding that the applicant failed to establish the arguable relevance of the documents and that the request was overly broad, amounting to a fishing expedition.
Requests to expedite proceedings and for interim remedy denied as trivial and vexatious.
The applicant filed a Request to Expedite Proceedings and a Request for Interim Remedy in an application alleging discrimination in the occupancy of accommodation.
The Tribunal refused the Request to Expedite Proceedings.
The Tribunal also denied the Request for Interim Remedy, finding that the applicant failed to establish an arguable case and that the requests were trivial, vexatious, and an abuse of process.
Human rights application dismissed as abandoned after applicant failed to comply with Tribunal directions.
The applicant filed an application alleging discrimination in employment based on disability, age, record of offences, and reprisal.
The Tribunal issued an Interim Decision directing the applicant to specify the remedies sought.
Despite multiple reminder letters and deadlines, the applicant failed to file any submissions in response.
Consequently, the Tribunal dismissed the application as abandoned.
Human rights application dismissed as abandoned after applicant passed away and estate failed to respond.
The applicant filed an application alleging discrimination with respect to goods, services and facilities because of age.
The applicant subsequently passed away.
The Tribunal directed the applicant's estate to provide a Certificate of Appointment of Estate Trustee or request that the matter be held in abeyance.
The estate failed to respond to the Tribunal's communications.
The application was dismissed as abandoned.
The applicant filed an application alleging discrimination with respect to goods, services, and facilities.
The Tribunal issued a Notice of Intent to Dismiss because the application appeared to be filed outside the one-year limitation period without citing facts to establish good faith.
The applicant failed to file written submissions in response to the Notice.
Human rights application dismissed for delay; waiting for respondent's reply is not a good faith explanation.
The applicant filed a human rights application alleging age discrimination regarding a vehicle purchase that occurred in October 2014.
The Tribunal issued a Notice of Intent to Dismiss because the application was filed more than one year after the alleged incident.
The applicant argued that the respondent's failure to communicate delayed his filing.
The Tribunal found that waiting for another process to conclude or for the respondent to reply does not constitute a good faith explanation for delay under section 34 of the Human Rights Code.
Human rights application dismissed as abandoned after applicant failed to attend mediation or respond to Tribunal.
The applicant filed an application under section 34 of the Human Rights Code.
After failing to attend a scheduled mediation session, the Tribunal directed the applicant to confirm his intentions regarding the application by a specified date, warning that failure to respond could result in dismissal.
The applicant did not respond to the correspondence.
Consequently, the Tribunal deemed the application abandoned and dismissed it.
Human rights application dismissed as abandoned after applicant failed to respond to jurisdictional notice.
The applicant filed an application alleging discrimination in employment on the basis of disability.
The Tribunal issued a Notice of Intent to Dismiss because the respondent appeared to be a federally regulated employer, placing the matter outside the Tribunal's jurisdiction.
The applicant failed to respond to the Notice and subsequent communications.
Witness permitted to testify by telephone after relocating out of province.
In an ongoing human rights proceeding, the respondents requested that a witness be permitted to testify by telephone because he had relocated out of province for new employment.
The applicant opposed the request on the basis that no updated medical information had been provided.
The Tribunal granted the request, finding that the request was based on relocation rather than medical reasons, and that the applicant failed to demonstrate significant prejudice from an electronic hearing.
The applicant filed an application alleging employment discrimination under the Human Rights Code.
The Tribunal issued a Notice of Intent to Dismiss (NOID) because the application appeared to be filed outside the one-year limitation period without citing facts to establish good faith.
The applicant failed to file written submissions in response to the NOID.
Respondent granted access to applicant's occupational health file to defend disability discrimination claim.
The applicant filed a human rights application alleging discrimination in employment based on disability, claiming the respondent refused to accommodate him with modified duties.
The respondent requested an interim order authorizing access to the applicant's Occupational Health and Claims Management file to defend the application, citing potential conflicts between privacy legislation and employer duties.
The Tribunal found the documents arguably relevant and granted the respondent access to the file, limited to the applicant's 2017 absence, as well as an extension of time to file its Response.
Tribunal limits further cross-examination and dismisses applicant's requests to remove opposing counsel and for recusal.
In an ongoing human rights application, the Tribunal issued an interim decision addressing the applicant's request to continue cross-examining a witness and several requests for orders during the proceeding.
The Tribunal limited further cross-examination, finding it had been sufficient to disclose fully and fairly all relevant matters.
The Tribunal also dismissed the applicant's requests to remove opposing counsel, to amend previous interim decisions, and for the adjudicator to recuse himself for bias, finding no basis for any of the requests.
Finally, the Tribunal declined to order an individual respondent to attend the next hearing dates, noting that parties must be prepared to make submissions regarding her medical absence if she does not attend.