Respondent given final 35 days to file a Response to human rights application.
The applicant filed a human rights application against the respondent.
The Tribunal notified the respondent that she had 35 days to file a Response, but no Response was filed.
The Tribunal issued an interim decision warning the respondent that failure to participate could lead to orders against her without further notice.
The respondent was given a final 35 days to file a Response along with an explanation for the delay, failing which the Tribunal may proceed without her.
Human rights application allowed to proceed as related civil claim was being withdrawn.
The applicant filed a human rights application alleging employment discrimination.
The respondents requested the application be dismissed under s. 34(11) of the Human Rights Code, arguing a civil claim based on the same facts had been filed.
The Tribunal found that the parties had consented to dismiss the small claims court action, meaning the applicant was no longer seeking a civil remedy.
The Tribunal declined to dismiss the application and directed the matter to mediation.
Application for disability discrimination dismissed; layoff was due to economic reasons, not workplace injury.
The applicant alleged discrimination on the basis of disability, claiming his employment was terminated because he was injured and unable to work, and that the employer interfered with his WSIB claim.
The respondent maintained the layoff was strictly for economic reasons due to declining sales.
The Tribunal found that while the applicant had a disability, the respondent successfully rebutted the prima facie inference of discrimination by demonstrating the layoff was based on economic factors, seniority, and skill set.
The application was dismissed.
Human rights application dismissed for delay as applicant failed to establish good faith for late filing.
The applicant filed a human rights application alleging sexual harassment and discrimination on the basis of sexual orientation, relating to incidents that occurred between 1983 and 2001.
The respondent requested the application be dismissed for delay, as it was filed in 2008, well beyond the one-year time limit under section 34(1) of the Human Rights Code.
The applicant argued the delay was justified due to a poisoned work environment and her mental health issues.
The Tribunal found the application was filed out of time and that the applicant failed to establish the delay was incurred in good faith under section 34(2), noting she had been capable of initiating other legal proceedings during the same period.
Tribunal scheduled a preliminary hearing to determine if the age discrimination application was statute-barred.
The applicant filed an application alleging age discrimination after the respondent amended its retirement benefits plan.
The respondent requested an early dismissal, arguing the application was filed outside the one-year limitation period under s. 34 of the Human Rights Code.
The Tribunal determined it was appropriate to address the limitation period as a preliminary matter and scheduled a telephone conference hearing to decide whether the application was timely or if the delay was incurred in good faith.
Tribunal directs parties to provide submissions on whether application is barred by concurrent civil proceeding.
The applicant filed a human rights application alleging employment discrimination based on race, place of origin, and ethnic origin.
The respondents requested early dismissal under s. 34(11) of the Human Rights Code, arguing that a civil proceeding based on the same facts had been commenced.
The Tribunal issued an interim decision directing the parties to provide written submissions regarding the status of the civil action and whether the application is barred.
Application alleging age discrimination in pension income splitting dismissed as Code permits preferential treatment for seniors.
The applicant, who was under 65 years of age, alleged age discrimination because provincial and federal income tax legislation restricted his ability to split pension income from an RRSP annuity with his spouse, a benefit available to individuals aged 65 and older.
The respondent brought a preliminary request to dismiss the application.
The Tribunal found that section 15 of the Human Rights Code explicitly permits preferential treatment for persons aged 65 and over, which necessarily implies that those under 65 may be denied the same benefits.
Tribunal refuses to defer or dismiss human rights application pending Labour Relations Board duty of fair representation complaint.
The applicant filed a human rights application alleging discrimination based on disability against his former employer and union.
The respondents requested early dismissal or deferral, arguing the substance of the application was being dealt with by the Labour Relations Board in a duty of fair representation complaint against the union.
The Tribunal found that the proceedings were distinct, involving different legal frameworks and parties, and concluded that neither deferral nor dismissal was appropriate.
Union granted intervenor status for preliminary hearing on whether arbitral decision dealt with discrimination application.
The applicant filed an application alleging discrimination in employment on the basis of disability.
The respondents requested an early dismissal of the application under section 45.1 of the Human Rights Code, arguing that an arbitral decision had appropriately dealt with the substance of the application.
The union sought to intervene to address the early dismissal request and potential remedies.
The Tribunal granted the union intervenor status for the preliminary hearing on the early dismissal request, finding it had a direct interest in the interpretation of the collective agreement.
The Tribunal scheduled a hearing to determine whether the arbitral decision appropriately dealt with the substance of the application.
Request to expedite human rights application denied; submissions requested on deferral to grievance arbitration.
The applicant filed a human rights application alleging discrimination in employment on the basis of disability and age, and requested that the proceedings be expedited.
The Tribunal denied the request to expedite, finding no particular indications of urgency that would justify departing from the regular process.
The Tribunal also requested written submissions from the parties and the union on whether the application should be deferred pending the resolution of an ongoing grievance based on the same facts.
Union granted limited intervenor status; hearing scheduled to determine early dismissal based on prior settlement.
The applicant filed a human rights application alleging discrimination in employment.
The union requested to intervene to provide facts regarding a prior grievance process, and the respondents requested an early dismissal of the application based on a settlement agreement from that grievance.
The Tribunal granted the union's request to intervene, limited to the preliminary issue of early dismissal.
The Tribunal scheduled a hearing to determine whether the application should be dismissed under section 45.1 of the Human Rights Code due to the prior settlement.
Preliminary hearing ordered to determine if human rights application is barred by prior settlement agreement.
The respondents requested the early dismissal of an application alleging sexual harassment in employment, relying on a settlement agreement and release previously signed by the applicant.
The applicant argued she was compelled to sign the documents without counsel or sufficient time.
The Tribunal ordered a preliminary hearing to determine whether the application should be dismissed based on the settlement agreement, noting that section 43(2) of the Human Rights Code requires an opportunity for oral submissions before finally disposing of an application.
Request to amend human rights application to add disability ground granted; jurisdictional objections deferred.
The applicant requested an order to amend their human rights application to include the ground of disability and incorporate additional representations.
The respondents objected, citing prejudice due to the passage of time, and raised jurisdictional and limitation period issues.
The Tribunal granted the request to amend, finding no apparent prejudice at this early stage, and deferred the respondents' jurisdictional and timeliness arguments to be addressed in their formal Response.
Tribunal issues directions regarding applicant's request to amend human rights application before service.
The applicant filed an application alleging discrimination in employment on the basis of a record of offences.
Before the application was served, the applicant filed a Request for an Order during Proceedings to amend the application to add disability as a ground of discrimination and made additional representations.
The Tribunal directed the applicant to clarify the purpose of the additional representations and directed the Registrar to serve the application.
The respondents were given a deadline to respond to the request to amend.