Human rights application deferred pending completion of concurrent union grievance process.
The applicant filed a human rights application alleging the respondent failed to accommodate his disability by refusing to transfer him to another department after a medical leave.
The respondent requested deferral because the applicant's union had filed a grievance based on the same facts and human rights issues.
The Tribunal found substantial overlap between the proceedings and deferred the application pending the completion of the grievance process, noting the applicant could reactivate the application if his human rights issues were not adequately addressed.
Request to reactivate deferred human rights application denied; request to amend application granted.
The applicant requested to reactivate his human rights application, which had been deferred pending the outcome of a WSIB proceeding, and to amend the application to include new allegations.
The Tribunal denied the request to reactivate, finding that the WSIB proceeding had not been unduly prolonged and that concurrent proceedings would risk inconsistent decisions.
The Tribunal granted the unopposed request to amend the application.
Request to adjourn mediation denied as it was untimely and lacked exceptional circumstances.
The applicant filed a human rights application alleging discrimination in employment on the basis of disability, claiming the respondent failed to accommodate her workplace injury and terminated her employment.
The respondent requested an adjournment of the scheduled mediation on the basis that the applicant was pursuing a WSIB appeal.
The Tribunal treated the request as a request to defer but found no basis for deferral.
The Tribunal denied the adjournment request, noting it was made outside the 14-day period following the Notice of Mediation and the respondent failed to demonstrate exceptional circumstances.
Application dismissed for lack of jurisdiction as security guard at immigration holding centre is federally regulated.
The applicant, a security guard at the Toronto Immigration Holding Centre, filed an application alleging discrimination and reprisal by his employer and union.
The Tribunal issued a Notice of Intent to Dismiss on the basis that the employment appeared to fall under federal jurisdiction.
Following written submissions, the Tribunal found that security services at immigration detention centres constitute an integral part of a federal undertaking, analogous to airport security.
The application was dismissed for lack of jurisdiction.
Hearing adjourned due to respondent's serious illness; respondents ordered to complete pre-hearing disclosure.
The individual respondents requested an adjournment of the hearing because one of them was diagnosed with a serious illness and required surgery.
The applicant opposed the request, noting the respondents' failure to comply with pre-hearing disclosure obligations.
The Tribunal granted the adjournment, finding the medical circumstances extraordinary, but ordered the respondents to comply with their disclosure obligations under Rules 16 and 17 within 21 days.
Adjournment of preliminary hearing granted due to sudden illness of the individual respondent.
The respondents requested an adjournment of a preliminary hearing because the individual respondent, who had carriage of the matter, fell ill the night before.
The applicant opposed the request, citing delay and prejudice.
The Tribunal granted the brief adjournment, finding that it would be unfair to require the respondents to proceed given the sudden illness and the lack of time for their newly instructed counsel to prepare.
Hearing bifurcated to separate liability and remedy, but liability issues against all respondents heard together.
The respondent College of Nurses of Ontario requested an order to bifurcate the hearing into three phases, separating the allegations against the College from those against Ontario, and separating liability from remedy.
The applicant opposed the request, arguing the issues were intertwined.
The Tribunal found that the liability issues against both respondents were intertwined and should be heard together to avoid duplicating evidence.
However, given the complex and unusual remedies sought, the Tribunal ordered the hearing bifurcated into two stages: liability first, followed by remedy if necessary.
Human rights application dismissed at preliminary stage for failing to identify specific acts of discrimination.
The applicant filed an application alleging discrimination with respect to goods, services, and facilities based on race, colour, age, and association.
The Tribunal issued a Notice of Intention to Dismiss because the application failed to identify specific acts of discrimination committed by the respondent school board.
Despite being directed to provide written submissions, the applicant failed to explain how the described incidents amounted to discrimination under the Human Rights Code.
The Tribunal dismissed the application, finding it plain and obvious that it did not fall within its jurisdiction.
Tribunal dismisses discrimination claims but allows reprisal allegations to proceed to a merits hearing.
The applicant filed a human rights application alleging discrimination in employment based on ethnic origin, marital status, and reprisal.
The respondents requested a summary hearing to dismiss the application for having no reasonable prospect of success and for delay.
The Tribunal dismissed the allegations of discrimination based on ethnic origin and marital status, finding no evidence connecting the alleged unfair treatment to a protected ground.
However, the Tribunal allowed the reprisal allegations regarding the suspension of the applicant's work email and phone access, and the alleged refusal to complete insurance forms, to proceed to a merits hearing.
The Tribunal also added Wharncliffe Walk-In Clinic Ltd. and Dr. Derek Chiu as respondents, while declining to remove Pellark Dental Centre and the individual respondent.
Reprisal application dismissed at summary hearing for lack of jurisdiction and no reasonable prospect of success.
The applicant filed a human rights application alleging reprisal in employment against the respondent, who was in-house counsel for the College of Physicians and Surgeons of Ontario.
The respondent had sent a letter asserting that evidence from a College discipline hearing could not be used in the applicant's separate human rights application.
The Tribunal held a summary hearing and dismissed the application, finding it had no reasonable prospect of success because the alleged retaliation was not related to the enforcement of human rights, and the relationship between the parties did not fall within a protected social area under the Code.
Request for interim reinstatement denied; applicant failed to establish necessity or balance of convenience.
The applicant filed an Application alleging discrimination and reprisal in employment, and requested an interim remedy of immediate reinstatement to her role as Chief Compliance Officer.
The Tribunal denied the request for an interim remedy, finding that the applicant failed to establish that the balance of convenience favoured granting the remedy or that reinstatement would be unavailable at the end of the hearing absent the interim order.
Adjournment request denied; applicant failed to establish mother's illness prevented hearing preparation.
The applicant requested an adjournment of the scheduled hearing because his mother was seriously ill in the hospital.
The respondent did not oppose the request but asked that any rescheduled dates be convenient for all parties.
The Tribunal denied the request, finding that the illness of a family member who is not a party or witness only warrants an adjournment in extraordinary circumstances where it prevents the party from attending or preparing for the hearing.
The applicant failed to provide sufficient detail to establish such circumstances.
Adjournment request denied as respondents failed to show exceptional circumstances for counsel and witness unavailability.
The respondents requested an adjournment of a scheduled hearing before the Human Rights Tribunal of Ontario, citing counsel's double-booked schedule and the unavailability of key witnesses who were out of the country.
The applicant opposed the request.
The Tribunal denied the adjournment, finding that the respondents failed to demonstrate exceptional circumstances as required by the Tribunal's Practice Direction, given that they had six months' notice of the hearing dates and provided inadequate explanations for the scheduling conflicts and witness unavailability.
Request for reconsideration dismissed as applicant failed to establish compelling and extraordinary circumstances.
The applicant requested reconsideration of a previous decision that dismissed his human rights application for delay.
The Tribunal held a conference call to hear oral submissions.
The applicant argued that the application was not untimely and that the Vice-chair erred in dismissing it.
The Tribunal found that the applicant failed to establish any of the grounds for reconsideration under Rule 26.5, as reconsideration is not an appeal or an opportunity to re-argue alleged errors.
The request for reconsideration was dismissed.
Reconsideration of dismissed human rights application denied where applicant failed to justify failure to respond.
The applicant filed a human rights application alleging discrimination by police officers who apprehended him under the Mental Health Act.
The application was previously dismissed as abandoned after the applicant failed to respond to a Notice of Request to Dismiss.
The applicant sought reconsideration, arguing that he was under house arrest and lacked access to a computer or phone to respond.
During the teleconference hearing, the applicant made inappropriate comments and alleged bias against the adjudicator.
The Tribunal dismissed the bias allegation and denied the reconsideration request, finding that the applicant was capable of communicating with the Tribunal in writing or by phone during the relevant period but failed to request an extension.
Human rights application dismissed at summary hearing for lacking a reasonable prospect of success.
The applicant, who receives WSIB benefits for a workplace injury, filed a human rights application alleging discrimination based on disability and reprisal by the WSIB and its employees.
The applicant claimed the respondents delayed home renovations, acted abusively, and retaliated against him for seeking assistance from outside agencies.
The Tribunal held a summary hearing and dismissed the application, finding no reasonable prospect of success.
The reprisal allegations related to the enforcement of rights under the Workplace Safety and Insurance Act, not the Human Rights Code, and the applicant provided no evidence linking the alleged unfair treatment to his disability.
Applicant ordered to produce complete medical file and detailed witness statements prior to hearing.
The respondent requested an order during proceedings compelling the applicant to produce a complete copy of her family physician's medical file and to provide detailed witness statements in compliance with the Tribunal's Rules of Procedure.
The applicant did not respond to the request.
The Tribunal found that the respondent had a reasonable basis for concern regarding the completeness of the medical file and that the applicant's witness statements were inadequate.
The Tribunal ordered the applicant to immediately produce the requested documents and detailed witness statements, failing which the Tribunal may take further steps under Rule 5.
Tribunal denies overly broad document production request and orders scheduling of a two-day hearing.
The applicant in a human rights proceeding requested an order requiring the respondent to produce 2,001 e-mail messages from 2009 to the present containing his name.
The Tribunal dismissed the request, finding it overly broad and noting the applicant failed to establish the arguable relevance of the documents to the issues in dispute, which arose in early 2012.
The Tribunal also granted the respondent's request to schedule a two-day hearing in Toronto, as the applicant had not provided medical information supporting his previous requests for accommodation regarding the hearing's duration, location, or format.
Human rights application dismissed; equalizing accommodated work hours and imposing legitimate discipline did not violate Code.
The applicant, a part-time employee who suffered a workplace injury, alleged discrimination on the basis of disability and reprisal after the employer reduced her hours of work and subsequently disciplined her.
The employer had initially accommodated the applicant by providing her with more hours in a modified position than another employee with similar restrictions to avoid paying WSIB Loss of Earnings benefits.
The employer later equalized the hours between the two accommodated employees, resulting in a reduction of the applicant's hours.
The Tribunal found that equalizing the hours did not constitute discrimination and that the employer was not required to maintain unnecessary work.
The Tribunal also dismissed the reprisal allegations, finding that the discipline imposed for attendance policy violations and inappropriate workplace comments was based on legitimate concerns and lacked retaliatory intent.
Application dismissed at preliminary stage as reprisal allegations were highly speculative and beyond Tribunal's jurisdiction.
The applicant filed a human rights application alleging discrimination with respect to employment because of reprisal.
She claimed the respondent failed to interview her for two positions in retaliation for a human rights complaint she filed against a different employer 11 years prior.
The Tribunal issued a Notice of Intent to Dismiss, noting the application did not appear to raise an issue within its jurisdiction.
Finding the applicant's allegations highly speculative and amounting to a bare assertion, the Tribunal dismissed the application at a preliminary stage as it was plain and obvious it fell outside its jurisdiction.