Adjournment denied where corporate respondent lacked assets and personnel to instruct counsel.
The corporate respondent, which had no employees or assets and whose owner was bankrupt, renewed its request to adjourn the scheduled hearing.
The respondent's counsel argued that he could not obtain instructions because there was no one from the corporation to instruct him, and the insurer could only give instructions regarding settlement, not defence.
The Tribunal denied the adjournment, finding that the lack of an instructing party was not a new circumstance and adjourning the hearing would not resolve the issue.
The Tribunal also noted that the respondent had ample time to seek instructions from the insurer.
Application alleging breach of settlement dismissed as respondent fulfilled its obligation to provide an information sheet.
The applicant filed an application alleging that the respondent breached the minutes of settlement from a previous human rights application.
The settlement required the respondent to create a plain language information sheet outlining restrictions for youths applying for social assistance and to provide a copy to the applicant.
The applicant acknowledged receiving the document but objected to the substance of the respondent's policy.
The Tribunal dismissed the application, finding that the respondent fulfilled its obligations under the settlement and was not required to seek the applicant's approval regarding the policy's substance.
Adjournment request denied due to lack of exceptional circumstances; parties directed to fulfill disclosure obligations.
The corporate respondent requested an adjournment of the hearing to obtain instructions from its insurer and gather documents.
The applicant opposed the request, noting the late stage of the proceedings and the significant costs of travelling from overseas.
The Tribunal denied the adjournment, finding no exceptional circumstances to justify the late request.
The Tribunal also directed both parties to comply with their pre-hearing disclosure obligations, including the provision of detailed witness statements.
Human rights application dismissed as out of time; pursuing other remedies did not excuse delay.
The applicant filed a human rights application alleging discrimination in employment on the basis of disability, claiming she was terminated after attempting to return from a medical leave for cancer treatment.
The application was filed more than one year after the last alleged incident of discrimination.
The Tribunal issued a Notice of Intention to Dismiss.
The applicant argued the delay was due to pursuing a Ministry of Labour complaint and ignorance of her rights under the Code.
The Tribunal found that pursuing other legal remedies and ignorance of rights without reasonable inquiry did not constitute a good faith explanation for the delay.
The application was dismissed as out of time.
Tribunal strikes untimely allegations and removes individual respondents from human rights application.
The applicant filed a human rights application alleging discrimination in employment based on disability, citing incidents from 2005 and his termination in 2009.
The respondents requested to strike the 2005 allegations for delay and to remove the individual respondents.
The applicant requested to add another individual respondent.
The Tribunal found that the 2005 incidents were not part of a series of incidents and the delay was not incurred in good faith, limiting the application to incidents within the one-year limitation period.
The Tribunal also removed the individual respondents and denied the request to add another, as the corporate respondent could adequately respond to and remedy the alleged conduct.
Reconsideration request denied as applicant failed to establish criteria under Rule 26.
The applicant requested a reconsideration of a Tribunal decision that dismissed his application alleging his home was undervalued due to discrimination.
The applicant argued that the adjudicator improperly admitted testimony that was not disclosed prior to the hearing.
The Tribunal denied the request, finding that the testimony arose during the applicant's own cross-examination, no underlying documents existed, and the applicant failed to establish any criteria for reconsideration under Rule 26.
Human rights application deferred pending conclusion of related Employment Standards Act review proceeding.
The applicant filed a human rights application alleging discrimination in employment on the basis of sex (pregnancy) after her employment was terminated.
She also filed a claim under the Employment Standards Act (ESA) for the same events, which resulted in an order to pay in her favour.
The respondent requested a review of the ESA decision by the Ontario Labour Relations Board and sought to defer the human rights application pending the outcome of that review.
The Tribunal granted the request, finding that deferral was appropriate to avoid concurrent proceedings and inconsistent decisions, given the similar issues and potential for overlapping remedies.
Human rights application dismissed for delay as it was filed outside the one-year limitation period.
The applicant filed a human rights application alleging discrimination on the basis of race and failure to accommodate following a workplace injury, nearly two years after her employment was terminated.
The Tribunal issued a Notice of Intention to Dismiss because the application was filed outside the one-year statutory limitation period under section 34 of the Human Rights Code.
The applicant argued the delay was due to not receiving a WSIB letter, but the Tribunal found this explanation unreasonable as she filed the application before receiving the letter and had previously settled a grievance regarding the same issues.
The application was dismissed as the delay was not incurred in good faith.
Request to proceed granted after union grievance withdrawn.
The applicant filed a Request to proceed under Rule 14.3 after a grievance filed with his union was withdrawn.
Neither the respondent nor the union responded to the Request.
The Tribunal found the Request to proceed appropriate and granted it, directing the Registrar to process the Application in the normal course.
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 scheduled a mediation session, but the Notice of Mediation sent to the applicant was returned by Canada Post indicating she had moved.
The Tribunal was unable to contact the applicant by phone and sent correspondence warning that the application would be deemed abandoned if she did not respond within 10 days.
The applicant failed to respond.
The Tribunal deemed the application abandoned and dismissed it.
Human rights application dismissed as abandoned after applicant failed to respond to Notice of Intent to Dismiss.
The applicant filed a human rights application alleging discrimination in employment based on sexual solicitation or advances.
The Tribunal issued a Notice of Intent to Dismiss because the application lacked information regarding the alleged unwelcome sexual solicitation.
The applicant failed to respond to the Notice by the specified deadline.
Consequently, the Tribunal deemed the application abandoned and dismissed it.
Tribunal allows respondents to amend Response and removes individual respondents, but declines to deem application abandoned.
The applicant filed a human rights application alleging discrimination on various grounds.
The respondents brought requests for orders during the proceeding to amend their Response, remove the individual respondents, and deem the application abandoned after the applicant failed to attend a scheduled mediation.
The Tribunal granted the request to amend the Response and removed the individual respondents, finding no compelling reason to keep them as parties.
The Tribunal declined to deem the application abandoned, noting that mediation is voluntary and the applicant had clarified his intention to proceed.
Human rights application dismissed due to the applicant's failure to attend the scheduled hearing.
The applicant filed an application alleging discrimination in employment on the basis of sex, pregnancy, and gender identity.
A hearing was scheduled, but the applicant failed to attend.
The Tribunal waited the customary time before proceeding.
Satisfied that the applicant had notice of the hearing, the Tribunal dismissed the application due to the applicant's non-attendance.
Human rights application alleging disability discrimination in employment supports program dismissed at summary hearing.
The applicant alleged discrimination on the basis of disability (Obsessive Compulsive Disorder) against the Ministry of Community and Social Services and an individual respondent in connection with the ODSP Employment Supports program.
The respondents requested a summary hearing to dismiss the application.
The Tribunal found that the applicant's complaints were directed at the third-party service provider, Insight Enterprises, and there was no evidence linking the respondents' actions to a prohibited ground of discrimination.
The application was dismissed as having no reasonable prospect of success.
Human rights application dismissed for delay; applicant failed to establish good faith for five-year delay.
The applicant filed a human rights application alleging discrimination in employment based on disability and age, over five years after his forced retirement.
The Tribunal issued a Notice of Intention to Dismiss due to the delay.
The applicant argued the delay was due to family issues and his belief that the respondent had made clerical errors.
The Tribunal found the delay was not incurred in good faith, as the applicant failed to act with reasonable diligence to uncover the alleged discrimination.
The application was dismissed.
Breach of settlement application dismissed; confidentiality clause applied only to the applicant.
The applicant filed an application alleging that the respondents contravened a previous settlement by disclosing the Minutes of Settlement to their insurer.
The Tribunal dismissed the application, finding that the insurer had defended the respondents in the original application and was already aware of the settlement terms.
Additionally, the Tribunal noted that the confidentiality provision in the Minutes of Settlement explicitly applied only to the applicant, meaning the respondents were not bound by any confidentiality requirement regarding the settlement.
Human rights application dismissed; no evidence appraiser undervalued home due to anti-native bias.
The applicant alleged that the respondent appraiser discriminated against him in the provision of services by undervaluing his home due to its proximity to the Douglas Creek Estates First Nations land dispute.
The applicant argued that the appraiser's use of the term 'native occupation' and his selection of comparators demonstrated an anti-native bias that negatively affected the appraisal.
The Tribunal dismissed the application, finding no evidence that the appraiser intentionally undervalued the property or that considering the unresolved land dispute as a factor in the neighbourhood's property values was discriminatory.
Tribunal gives non-responding corporate respondent a final deadline to file a Response.
The applicant filed an application alleging workplace discrimination and sexual harassment.
The corporate respondent Massilly named an additional corporate respondent, Contract Staffing Inc. Contract Staffing failed to file a Response despite multiple notices and directions from the Tribunal.
The Tribunal issued an interim decision giving Contract Staffing a final deadline of February 21, 2011 to file a Response, warning that failure to do so may result in the Tribunal proceeding without further notice to them pursuant to Rule 5.5.
Human rights application dismissed as abandoned after applicant failed to attend mediation or respond.
The parties agreed to attend mediation, but the applicant failed to appear.
The Tribunal directed the applicant to advise of his intentions and warned that failure to respond would result in the application being deemed abandoned.
The applicant did not respond.
Human rights application deferred pending completion of concurrent union grievance process regarding termination.
The applicant filed a human rights application alleging that her employment was terminated because of her disability and because she sought accommodation.
The applicant's union had also filed a grievance regarding the termination.
The respondent and the union requested that the Tribunal defer the application pending the completion of the grievance process.
The Tribunal found that the termination was inextricably linked to the human rights issues raised in the application and that the grievance would likely address them.
The Tribunal deferred the application pending the completion of the grievance process.