Human rights application dismissed as abandoned after applicant failed to attend summary hearing.
The applicant filed an application alleging discrimination with respect to goods, services, and facilities because of disability.
A summary hearing was scheduled, but the applicant failed to attend.
After waiting the customary 30 minutes and confirming that notice was properly sent, the Tribunal dismissed the application as abandoned.
Human rights application dismissed; employer provided credible non-discriminatory reasons for terminating pharmacist's employment.
The applicant, a pharmacist of Vietnamese descent, alleged discrimination in employment based on ancestry, place of origin, ethnic origin, and sex after his employment was terminated and a full-time position was given to a female pharmacist of Filipino descent.
The Tribunal found that while the applicant established a prima facie case of discrimination, the respondents provided a credible, non-discriminatory explanation for their decision.
The respondents demonstrated that the applicant had customer service issues, alienated co-workers, and engaged in unusual practices, whereas the selected candidate was a good team player with strong customer service skills.
The application was dismissed.
Human rights application dismissed as abandoned following the applicant's death.
The applicant filed a human rights application alleging discrimination in housing and membership in a vocational association.
Shortly before the hearing, the applicant's daughter advised that the applicant's health prevented him from pursuing the application.
The Tribunal directed the applicant to file a Request to Withdraw.
The applicant subsequently passed away without filing the request.
The Tribunal dismissed the application as abandoned.
Reconsideration request dismissed as the applicant provided no reasons for the request.
The applicant requested reconsideration of a Tribunal decision that dismissed his human rights application as abandoned.
The original application was dismissed after the applicant failed to file submissions explaining why his allegations of racial harassment were timely under the Human Rights Code.
The applicant filed a request for reconsideration but provided no reasons for the request.
The Tribunal found no compelling or extraordinary circumstances to reconsider the decision and dismissed the request.
Individual respondent removed as a party to the application on consent.
The parties made a joint request to remove the individual respondent as a party to the human rights application.
The Tribunal granted the request and amended the style of cause accordingly.
Human rights application dismissed for lack of jurisdiction as respondents are federally regulated transportation enterprises.
The applicant filed a human rights application alleging discrimination and reprisal in employment.
The Tribunal issued a Notice of Intention to Dismiss on the basis that the respondents appeared to be federally regulated.
The respondents submitted that their transportation and warehousing operations are fully integrated and extend beyond provincial borders, bringing them under federal jurisdiction pursuant to s. 92(10)(a) of the Constitution Act, 1867.
The applicant made no submissions on the issue.
The Tribunal found that the organizational respondents are federally regulated companies and dismissed the application for lack of jurisdiction.
Human rights application dismissed as abandoned after applicant failed to attend scheduled summary hearing.
The applicant filed a human rights application alleging discrimination in employment on the basis of disability.
A summary hearing was scheduled by telephone, but the applicant failed to attend.
After waiting 30 minutes and confirming that notice was properly sent, the Tribunal dismissed the application as abandoned.
Human rights application deferred pending the outcome of a concurrent civil action for wrongful dismissal.
The applicant filed a human rights application alleging discrimination and harassment based on age and language proficiency, culminating in his layoff.
The respondent requested that the application be barred or deferred because the applicant had already commenced a civil action for wrongful dismissal that included allegations of age discrimination.
The Tribunal found that while the civil claim did not plead all the human rights allegations, the termination was central to both proceedings.
To avoid duplicate proceedings and inconsistent decisions, the Tribunal deferred the application pending the outcome of the civil action.
Applicant directed to advise if oral submissions are sought on respondent's request for early dismissal.
The applicant filed a human rights application alleging discrimination and harassment in employment, culminating in termination.
The respondents requested early dismissal under section 45.1 of the Human Rights Code, arguing the matter was appropriately dealt with through a grievance procedure that resulted in Minutes of Settlement and a full and final release.
The applicant claimed the settlement was signed under duress.
The Tribunal issued an interim decision directing the applicant to advise within 14 days whether he wishes to make oral submissions on the dismissal request, failing which the matter will be decided on the written record.
Preliminary hearing scheduled to determine if human rights application should be dismissed for delay.
The applicant filed a human rights application more than one year after her dismissal from employment.
The Tribunal previously found it was not plain and obvious that the delay was not incurred in good faith, but noted the decision was not final.
The respondents subsequently filed a Response arguing the application should be dismissed for delay due to an inadequate explanation and prejudice.
The Tribunal ordered a half-day preliminary hearing to determine the issue of delay.
Respondent permitted to amend Response to address new allegations raised in applicant's Reply.
The applicant filed an application alleging discrimination in employment on the basis of disability regarding the accommodation of a workplace injury.
In her Reply, the applicant raised new allegations regarding a Community Service position and fluctuating shifts.
The respondent filed a Request for Order During Proceeding seeking to amend its Response to address these new allegations, treating them as an expansion of the Application.
The Tribunal granted the request, noting the hearing was months away, there was no prejudice to the applicant, and dealing with all accommodation issues in one proceeding would avoid multiplicity.
Human rights application dismissed for lack of jurisdiction over federal entities and failure to plead specific acts.
The applicant filed a human rights application alleging discrimination in employment, housing, and services against the Canadian Human Rights Commission and the federal Department of Justice.
The Tribunal issued a Notice of Intention to Dismiss because the respondents appeared to be federally regulated and the application lacked specific allegations of discrimination.
After reviewing the applicant's submissions, the Tribunal dismissed the application, finding it plain and obvious that the respondents were federally regulated and outside the Tribunal's jurisdiction, and that the applicant failed to describe any specific acts of discrimination.
Tribunal directs applicant to advise if he wishes to make oral submissions on respondent's dismissal request.
The applicant filed an application alleging discrimination in employment based on record of offences, claiming he was wrongly terminated for failing to complete a rehabilitation program.
The respondent requested early dismissal under section 45.1 of the Human Rights Code, arguing the matter was appropriately dealt with through two last chance agreements containing full and final releases.
Individual respondent deemed to have waived participation rights after failing to file a Response.
The applicant filed a human rights application alleging discrimination in employment.
One of the individual respondents failed to file a Response despite receiving notice and a subsequent Tribunal direction.
The Tribunal ordered that the non-responding individual respondent is deemed to have waived all rights to notice or participation in the proceedings.
However, because other respondents filed Responses disputing the allegations, the Tribunal declined to deem the non-responding respondent to have accepted the allegations, requiring the applicant to prove them at the hearing.
Request to add individual respondents and for document disclosure denied in human rights reprisal complaint.
The applicant in a human rights reprisal complaint filed a Request for Order seeking to add two individuals as respondents and requesting disclosure of certain documents.
The Tribunal denied the request to add the respondents, finding no allegations that could support a finding they violated the Code and noting that adding them would unnecessarily delay and complicate the proceedings.
The Tribunal also denied the disclosure request, finding the requested credentials were not arguably relevant and the requested correspondence was either not shown to exist or subject to solicitor-client privilege.
Request to extend disclosure deadline denied as applicant failed to explain how disability prevented compliance.
The applicant requested an extension of the disclosure deadline for an upcoming preliminary hearing from 14 days to 12 days prior to the hearing, citing her communication-based disability and another applicant's recent consultation with legal counsel.
The Tribunal denied the request, finding the other applicant's situation irrelevant and noting that the applicant failed to explain how her disability prevented her from meeting the established timeline.
Human rights application dismissed as abandoned after applicant failed to respond to Tribunal correspondence.
The applicant filed an application under section 34 of the Human Rights Code.
The Tribunal had previously deferred the application pending the conclusion of ongoing grievance proceedings.
After the applicant's representative closed his practice, the Tribunal made multiple written requests directly to the applicant for a status update on the grievance proceedings.
The applicant failed to respond to the Tribunal's correspondence.
Consequently, the Tribunal deemed the application abandoned and dismissed it.
Individual respondent removed from human rights application where corporate respondent accepted vicarious liability.
The respondents requested an order to remove the individual respondent, Marsha Smith, from the human rights application.
The organizational respondent, the Ministry of Government Services, accepted vicarious liability for the alleged discriminatory conduct, which arose in the context of employment.
Applying the factors from Persaud, the Tribunal found no compelling reason to continue the proceeding against the individual respondent, as the Ministry could remedy any Code infringement and the applicant would not be prejudiced.
The request was granted and the application was dismissed against the individual respondent.
Request to proceed granted; preliminary hearing scheduled to consider section 45.1 dismissal following grievance arbitration.
The applicant filed a Request to proceed with his human rights application after it was deferred pending the conclusion of a grievance arbitration.
The respondents opposed reactivation, arguing the application should be dismissed under section 45.1 of the Human Rights Code because the labour arbitration appropriately dealt with its substance.
The Tribunal granted the request to proceed and scheduled a preliminary hearing by conference call to receive submissions on whether the application should be dismissed under section 45.1.
Respondent given 10 days to file a Response to human rights application after missing deadline.
The applicant filed an Application under section 34 of the Human Rights Code.
The respondent failed to file a Response by the required deadline.
The Tribunal issued an Interim Decision warning the respondent of the consequences of failing to participate under Rule 5.5 of the Tribunal's Rules of Procedure, and granted the respondent 10 days to file a Response along with an explanation for the delay.