Tribunal declines to dismiss disability discrimination application at summary hearing due to factual disputes.
The applicant filed a human rights application alleging discrimination in employment on the basis of disability, claiming he was not hired after disclosing a learning disability prior to taking an integrity test.
The Tribunal held a summary hearing to determine if the application should be dismissed for having no reasonable prospect of success.
The Tribunal declined to dismiss the application on a preliminary basis, finding that there were factual disputes regarding the test results and that, assuming the applicant's allegations were true, the application had a reasonable prospect of success.
Ryan v. Labour Ready Temporary Services, Ltd., 2016 HRTO 1425