Police association granted intervenor status in member's human rights application.
The Peterborough Police Association filed a Request to Intervene in a human rights application alleging discrimination in employment on the basis of disability.
The Association argued it had an interest in the outcome as the certified bargaining agent for the respondent's uniform members, and that any remedies ordered could impact its members or the collective agreement.
As neither the applicant nor the respondent opposed the request, the Tribunal granted the Association intervenor status.
Tribunal varied scheduling direction to allow non-consecutive hearing dates due to counsel availability.
The respondents requested an order to vary a Case Assessment Direction that required the parties to schedule three consecutive hearing dates.
The respondents argued that finding consecutive dates was difficult due to counsel's schedule and that the applicant had not demonstrated a necessity for consecutive dates.
The Tribunal agreed that consecutive dates were not strictly necessary and varied the direction to allow the parties to schedule three non-consecutive hearing dates between October and November 2013.
Tribunal partially grants document production request and issues case management directions.
The applicant in a human rights proceeding sought an order for the production of various documents from the respondents, Securitas and Toyota.
The Tribunal reviewed the requests and found that most of the documents were either no longer in existence, not in the respondents' possession, or not arguably relevant to the remaining allegations.
The Tribunal ordered Securitas to produce one specific notebook that was arguably relevant to the issue of fire extinguisher inspections.
The Tribunal also provided case management directions requiring the parties to file outstanding materials and a revised witness statement.
Applicant's document production request denied for lack of relevance; respondents' request granted regarding mitigation records.
The applicant and respondents both filed requests for production of documents prior to the hearing of a human rights application alleging discrimination based on family status and disability.
The Tribunal dismissed the applicant's request for personnel files and emails, finding them not arguably relevant as the respondents were not relying on progressive discipline.
The Tribunal granted the respondents' request for the applicant's tax returns and job search records, as they were arguably relevant to the mitigation of damages, but denied the request for legal fee records because the Tribunal lacks jurisdiction to award costs.
Human rights application alleging age and family status discrimination dismissed due to unreliable applicant testimony.
The applicant alleged that the respondents discriminated against her based on age and family status during a meeting regarding her work allocation.
The applicant claimed the individual respondent told her she was unqualified for her accounts payable role because she started at age 21 and that she did not need her job because she lived with her mother.
The Tribunal found the individual respondent's evidence more reliable than the applicant's, concluding that the alleged discriminatory statements were not made.
The application was dismissed.
Application for breach of settlement dismissed against individual director and employee where corporate respondent was in receivership.
The applicant alleged that the respondents breached a settlement agreement resolving a previous human rights application.
The corporate respondents were in receivership, and proceedings against them were stayed.
The applicant sought to proceed against the individual respondent, a director, and to add an employee as a party.
The Tribunal dismissed the application, finding no compelling reason to add the employee and no basis to hold the individual respondent personally liable for the corporation's obligations under the settlement, absent evidence of fraud or deceit.
Tribunal grants applicant's request to amend human rights application to add new discrimination allegations.
The applicant sought to amend her human rights application to characterize the cancellation of her shifts in April 2011 as racial or ethnic discrimination for which the respondent hospital is vicariously liable, rather than as a reprisal.
The applicant also requested to add new allegations of discriminatory comments made by co-workers in early 2012.
The Tribunal granted both amendments, finding that the respondent would not suffer prejudice and that combining the allegations was the most efficient manner to proceed.
Request to reactivate deferred human rights application granted after union grievances were withdrawn.
The applicant filed a Request for Order During Proceeding to reactivate her human rights application, which had been deferred pending the conclusion of three union grievances.
The applicant provided letters from her union confirming that all three grievances had been withdrawn.
The respondent took no position on the request.
The Tribunal granted the request and ordered the application returned to the Registrar for processing.
Human rights application dismissed; taxi driver failed to prove workplace fine was discriminatory.
The applicant, a taxi driver, alleged discrimination in employment on the basis of race, colour, ancestry, place of origin, ethnic origin, and creed after the respondent taxi company fined him $220 for allegedly 'stealing' a fare from another driver.
The applicant claimed the internal complaint process was flawed and that the decision was driven by discriminatory animus from board members.
The Tribunal dismissed the application, finding no evidence that the fine or the complaint process was influenced by any prohibited grounds under the Human Rights Code.
Three human rights applications against the same respondent consolidated and scheduled for joint mediation.
The respondent requested the consolidation of three separate human rights applications filed by different applicants against the same respondent.
The applicants either consented to or did not oppose the consolidation and joint mediation, or failed to file submissions.
The Tribunal found a strong public interest in consolidating the matters and ordered the three applications consolidated and scheduled for a joint mediation session.
Human rights application dismissed; termination was due to poor sales performance, not religious discrimination.
The applicant, a Muslim salesperson, alleged that his employer discriminated against him on the basis of creed by preventing him from attending Friday prayers, forcing him to work on Eid, and ultimately terminating his employment.
The Tribunal found that the respondent accommodated the religious practices of its Muslim employees and that the applicant's termination was based on poor sales performance, not his creed.
As the timely allegations regarding termination and post-termination commissions were dismissed on their merits, the remaining allegations were found to be out of time under section 34(1) of the Human Rights Code.
Human rights application deferred pending the conclusion of related union grievances.
The applicant filed a human rights application alleging discrimination in employment based on disability.
The respondent requested that the application be deferred pending the outcome of three related union grievances.
Finding that the grievances addressed similar facts and issues and were still ongoing, the Tribunal deferred the application in accordance with its usual practice.
Request to reactivate deferred human rights application granted after related tribunal appeal was withdrawn.
The applicant filed a request to proceed under Rule 14.3 to reactivate her human rights application, which had previously been deferred pending the conclusion of an appeal before the Social Benefits Tribunal.
The applicant withdrew her appeal, and the respondents either did not object or failed to respond to the request.
The Tribunal found the request to proceed appropriate, granted it, and directed the application be returned to the Registrar for processing.
Human rights application dismissed; refusal to maintain unassumed road did not constitute disability discrimination.
The applicant, a stroke victim, alleged discrimination based on disability because the respondent municipality refused to upgrade and maintain an unassumed road where she owned a house.
She argued that the lack of snow removal could prevent emergency medical services from reaching her.
The Tribunal held a summary hearing and dismissed the application, finding no reasonable prospect of success.
The Tribunal concluded that the refusal to upgrade the road applied to everyone and any disadvantage was due to her choice to live on an unassumed road, not her disability.
Applicant's request to relocate and limit hearing duration dismissed due to insufficient medical evidence.
The applicant requested accommodations for the hearing of his human rights application, including limiting the hearing to one day or conducting it by telephone, and relocating it from Toronto to Burlington.
He cited his health condition and provided a doctor's note stating it would be a 'reasonable assumption' that he would find a hearing longer than two days difficult.
The Tribunal dismissed the request, finding the medical evidence insufficient to establish that the requested accommodations were required for his disability.
The hearing was ordered to proceed in Toronto in blocks of no more than two days, as agreed to by the respondent.
Untimely human rights allegations dismissed for delay; document production ordered for timely termination issue.
The applicant filed a human rights application alleging discrimination and reprisal following her dismissal.
The respondent requested that allegations of incidents occurring more than one year prior to the dismissal be dismissed for delay.
The Tribunal found that the prior incidents did not form a series with the dismissal and that the applicant's pursuit of internal and civil remedies did not constitute a good faith reason for the delay.
The Tribunal dismissed the untimely allegations.
The Tribunal also granted in part the applicant's request for production, ordering the respondent to produce arguably relevant documents related to the termination.
Human rights application dismissed; employer met duty to accommodate during graduated return to work.
The applicant, a Home Care Advisor, suffered a near-fatal heart attack and subsequently experienced depression.
After a period of long-term disability, she attempted a graduated return to work.
The applicant alleged the respondent failed to accommodate her disability, citing issues with her assigned tasks and the lack of a dedicated workspace.
The Tribunal found that the respondent had met both its procedural and substantive duties to accommodate, noting that the applicant's restrictions did not require a specific workspace or specific tasks.
The application was dismissed, as the applicant's inability to continue working was not attributable to any failure to accommodate by the respondent.
Human rights application dismissed at summary hearing for lacking evidence linking conduct to prohibited grounds.
The applicant filed a human rights application alleging discrimination by her family's paediatrician on the basis of disability, age, and association.
The applicant claimed the respondent treated her family poorly and abruptly left an appointment after her younger son was diagnosed with a disability.
The Tribunal held a summary hearing and dismissed the application, finding it had no reasonable prospect of success because the applicant could not point to any evidence linking the respondent's unprofessional conduct to a prohibited ground of discrimination.
Human rights application dismissed at summary hearing for lack of reasonable prospect of success and delay.
The applicant filed a human rights application alleging discrimination based on marital status and reprisal against the Amherstburg Police Services Board.
The Tribunal held a summary hearing to determine if the application had a reasonable prospect of success.
The Tribunal found no evidence linking the respondent's actions to a prohibited ground of discrimination or an intention to retaliate.
Furthermore, the Tribunal determined that the applicant's allegations regarding the investigation of her criminal complaint were untimely and did not constitute a series of incidents under section 34 of the Human Rights Code.
Human rights application deferred pending resolution of concurrent WSIB proceedings regarding the same workplace injury.
The applicant filed a human rights application alleging discrimination and failure to accommodate following a work-related injury.
The respondent requested that the application be deferred because the applicant had ongoing proceedings before the Workplace Safety and Insurance Board (WSIB) arising from the same facts.
The Tribunal found significant overlap in the factual and remedial issues between the WSIB appeals and the human rights application.
To avoid the risk of inconsistent findings and double recovery, the Tribunal ordered that the application be deferred pending the resolution of the WSIB proceedings.