The applicant filed a human rights application alleging discrimination by the Workplace Safety and Insurance Board (WSIB) in the provision of labour market re-entry services, based on ancestry, ethnic origin, creed, disability, and age.
The WSIB requested that the application be dismissed on a preliminary basis, arguing that language is not a protected ground, the WSIB's adjudicative decisions are outside the Tribunal's jurisdiction, and there was no prima facie case.
The Tribunal denied the request to dismiss, finding that the intersection of language with protected grounds required a factual assessment, the challenged WSIB functions were not strictly adjudicative, and the allegations were sufficient to establish a prima facie case at the preliminary stage.