Kathleen Martin

The applicant filed a human rights application alleging discrimination in employment when he was denied sick pay and terminated.

He brought a request to add Hamilton Health Sciences Corporation (HHSC) and Cowan Benefits Consultants as respondents, and to amend his application.

The Tribunal granted the request to add HHSC as a respondent, noting it had already filed a response.

The Tribunal deferred the decision on adding Cowan and amending the application, ordering further written submissions from the parties.

The applicant filed a human rights application alleging discrimination on the basis of disability after being unsuccessful in the pre-interview assessment stage for a police constable position due to vision requirements.

The Ontario Association of Chiefs of Police (OACP) and Applicant Testing Services (ATS) requested to be removed as parties, arguing that the Ministry sets the standards and the OPP tested the applicant.

With the consent of all parties, the Tribunal ordered that OACP and ATS be removed as parties to the application.

The applicant filed a human rights application alleging discrimination in employment on the ground of 'record of offences' after not being approved for employment due to a criminal history.

The respondent argued the Tribunal lacked jurisdiction because the applicant had not been convicted and pardoned as required by the Code.

The Tribunal issued an interim decision requesting written submissions from the applicant on whether he meets the statutory definition of 'record of offences' and whether the Tribunal has jurisdiction to hear the application.

The respondent doctor requested to defer the human rights application pending the resolution of a concurrent complaint filed by the applicant with the College of Physicians and Surgeons of Ontario.

The Tribunal denied the request for deferral, noting that the College complaint was only at the initial investigation stage, the application was ready for hearing, and the applicant could not obtain the requested remedies through the College process.

The applicant filed a human rights application alleging sex discrimination and harassment in employment.

The respondent requested a stay of proceedings on the basis that it was under protection pursuant to the Companies' Creditors Arrangement Act (CCAA).

The Tribunal amended the respondent's name to correctly reflect the corporate entity and granted the stay of proceedings, noting that the Superior Court's CCAA order prohibited the continuation of any tribunal proceedings against the respondent without leave of the Court or written consent.

The complainant, alleging racial discrimination by police during an arrest for drug trafficking, requested the production of arrest records and recognizances for all individuals arrested in the same undercover operation.

The Tribunal dismissed the request, finding that the complainant failed to demonstrate the arguable relevance of the records to his specific allegations of racial profiling and mistreatment.

The Tribunal also confirmed the bifurcation of the hearing into liability and remedy phases.

The applicant filed an application alleging discrimination in employment by a former co-worker from CIBC, a federally regulated employer.

The Tribunal issued a Notice of Intent to Dismiss for lack of jurisdiction.

The applicant argued that the incidents occurred after he left CIBC and while he was employed by the Ontario Public Service, and took place on GO Transit property.

The Tribunal found that the only link to employment was the applicant's former employment at CIBC, which is federally regulated.

The application was dismissed for lack of jurisdiction.

The complainant alleged she was subjected to sexual harassment, sexual solicitation, and reprisals by the personal respondent, the owner of the corporate respondent.

The personal respondent had previously pled guilty to criminal harassment arising from the same circumstances.

The Tribunal applied the doctrine of abuse of process to preclude the respondents from relitigating the facts underlying the guilty plea.

The Tribunal found that the complainant was subjected to sexual harassment and sexual solicitation, including unwanted physical touching and uninvited visits to her home.

The reprisal allegation was dismissed for insufficient evidence.

The Tribunal awarded $25,000 in general damages and $1,166.73 in special damages for lost wages.

The applicant filed an application under section 34 of the Human Rights Code alleging employment discrimination on the basis of race, colour, and place of origin.

The respondent failed to file a Response within the required 35-day period.

The Tribunal issued an interim decision directing the respondent to file a Response by February 20, 2009, along with an explanation for the delay, failing which the Tribunal may proceed without further notice and deem the respondent to have accepted the allegations.

The applicant requested leave to withdraw her Application filed under section 34 of the Human Rights Code.

The respondents made no submissions on the request.

The Tribunal granted leave and the Application was withdrawn.

The applicant requested to re-activate her human rights application, which had been deferred pending the outcome of a union grievance.

The union withdrew the grievance, prompting the applicant to seek resumption of the Tribunal proceeding.

The respondent argued the application should remain deferred until the applicant exhausted remedies under the Labour Relations Act regarding the union's representation.

The Tribunal granted the request to re-activate, finding that the grievance had concluded and there was no longer any proceeding to defer to.

The applicant requested to withdraw her human rights application alleging discrimination in services.

The respondent consented to the withdrawal but requested that it be entirely dispositive and that the applicant be precluded from re-filing.

The Tribunal found no basis to impose such terms and permitted the withdrawal without terms, noting the respondent could raise these issues if a new application is filed.

The complainant alleged discrimination in employment on the basis of disability following his termination.

In this interim decision, the Tribunal removed the personal respondents on consent of the parties.

The Tribunal also granted the Canadian Union of Public Employees, Local 150, non-party intervenor status to make submissions on remedy from the perspective of the bargaining agent.

Additional case management directions were issued regarding the filing of documents and statements of special damages.

The applicant filed an application alleging discrimination in housing on the basis of disability and receipt of public assistance, claiming verbal harassment and improper eviction by the respondent landlord.

The respondent requested the application be dismissed under section 45.1 of the Human Rights Code, arguing the Landlord and Tenant Board (LTB) had already dealt with the substance of the application by ordering eviction and dismissing the tenant's harassment claims.

The Tribunal directed that an oral hearing be scheduled to determine whether the application should be dismissed based on the LTB orders.

The applicant filed a human rights application alleging discrimination in employment on the basis of disability, seeking reimbursement for expenses incurred attending medical appointments under an attendance support program.

The Ontario Provincial Police Association requested to intervene to address potential deferral issues.

The Tribunal denied the intervention request as there were no deferral issues in the proceeding.

The Tribunal also directed the parties to attend an oral hearing to address the respondent's preliminary arguments regarding delay and whether the alleged facts establish a Code violation.

The respondents brought preliminary motions seeking to defer the human rights complaint to the union grievance process, to remove the personal respondent as a party, and to compel production of a medical note.

The Tribunal dismissed the request to defer, finding that because no grievance had been initiated, there was no proceeding to defer to.

The Tribunal granted the request to remove the personal respondent, as he was acting within the scope of his duties as plant supervisor and no prejudice would result from his removal.

The request to compel production of the medical note or strike references to it was dismissed, as the Commission could not locate the note and the issue could be addressed at the hearing.

In a case management conference call, the Tribunal noted that the respondents failed to file required will say statements and that their hearing brief did not comply with the Tribunal's Rules.

Despite the respondents' counsel failing to provide a reasonable explanation for the non-compliance, the Tribunal granted the respondents a further opportunity to file an amended hearing brief and the required will say statements.

The Tribunal warned that failure to comply could result in the exclusion of their evidence at the hearing.

The applicant requested leave to withdraw his human rights application filed under section 34 of the Human Rights Code.

The respondent consented to the request.

The Tribunal granted leave and the application was withdrawn.

The applicant filed a human rights application which involved facts that were also the subject of an ongoing union grievance.

The Tribunal issued a Notice of Intent to Defer.

The applicant subsequently filed a request to defer the application pending the arbitration of her grievance, and the respondent agreed.

The Tribunal ordered the application deferred pending the outcome of the grievance.

The Ontario Human Rights Commission requested an order to withdraw from participating in the human rights complaint proceeding.

The complainant did not object but requested a 30-day adjournment to find legal counsel.

The Tribunal granted the Commission's request to withdraw, ordered the Commission to provide its disclosure file and hearing briefs to the complainant, and adjourned the hearing for 30 days to allow the complainant to seek counsel.