Tribunal directed respondents to respond to applicant's request to amend application to add reprisal claim.
The applicant filed a human rights application alleging sexual harassment by a co-worker and failure to respond by her employer and union.
She subsequently filed requests for an order during proceedings to amend her application to include an allegation of reprisal, claiming she was wrongfully dismissed for filing the application and seeking $150,000 in damages.
The Tribunal found that the applicant's materials sufficiently identified the basis for her request to amend and directed the respondents to file their responses to the request.
Application to be dismissed as abandoned if applicant fails to communicate by specified date.
The applicant filed an Application under section 34 of the Human Rights Code but later stated he wished to withdraw it.
He failed to file a Request to Withdraw or communicate further with the Tribunal.
The Tribunal issued an interim decision stating that the Application will be dismissed as abandoned if no communication is received by August 12, 2009.
Request to defer human rights application dismissed as moot after criminal charges were withdrawn.
The respondents requested that the human rights application be deferred pending the completion of criminal charges against the individual respondent.
The Tribunal was subsequently advised that the criminal charges had been withdrawn, rendering the deferral request moot.
The Tribunal ordered that the application proceed and scheduled mediation on the consent of the parties.
Human rights application stayed for up to one year pending criminal investigation into sexual harassment allegations.
The respondents requested a stay of the human rights application, which alleged sexual harassment, on the basis that there was an ongoing criminal investigation into the same allegations.
The respondents argued that compelling them to respond to the application would threaten their Charter rights.
The applicant did not respond to the request.
The Tribunal ordered that no further steps be taken in the application for up to one year, pending the completion of the police investigation.
Request to expedite proceedings denied due to complexity of issues and unexplained delay in filing.
The applicant, a secondary school student, filed an application alleging discrimination on the basis of disability because the respondent school board refused to place her in her mother's special education class.
The applicant also filed a Request to Expedite Proceedings, seeking to have the matter resolved before the upcoming school year.
The Tribunal dismissed the request to expedite, finding that the issues were complex, had accumulated over time, and the applicant had delayed in filing the application without explanation.
Respondent granted 10-day extension to file response to human rights application or face default proceedings.
The applicant filed an application under section 34 of the Human Rights Code.
The respondent failed to file a response within the required 35-day period.
The Tribunal issued an interim decision warning the respondent of the consequences of failing to participate under Rule 5.5 of the Tribunal's Rules of Procedure.
The respondent was granted 10 days to file a response along with an explanation for the delay, failing which the Tribunal may proceed without further notice.
Application withdrawn with leave of the Tribunal.
The applicant requested leave to withdraw the application filed under s. 34 of the Human Rights Code.
The respondent made no submissions.
The Tribunal granted leave and the application was withdrawn.
Request to expedite human rights application denied as circumstances did not meet urgency threshold.
The applicant filed a Request to Expedite her human rights application alleging employment discrimination, citing fear of ongoing difficulties with her employer and financial strain from reduced hours.
The Tribunal denied the request, finding that the alleged harm did not constitute truly urgent circumstances requiring priority over other matters under the Tribunal's Rules of Procedure.
Interim requests to add respondents and order inquiries regarding a deceased tenant's estate and burial dismissed.
The applicant, alleging he was the same-sex common-law partner of a deceased tenant, filed a human rights application against the housing provider and the deceased's mother.
He brought several interim requests for orders, including adding the City of Ottawa, a funeral home, and a cemetery as respondents, sealing a safety deposit box, and ordering an inquiry into the deceased's finances.
The Tribunal dismissed all interim requests, finding they related to estate distribution and burial arrangements outside the Tribunal's jurisdiction under the Human Rights Code.
The Tribunal also directed the applicant to provide submissions on why his claim against the deceased's mother falls within its jurisdiction.
Human rights application deferred pending completion of concurrent union grievance proceeding.
The applicant filed an application under the Human Rights Code while a concurrent union grievance proceeding based on the same facts was ongoing.
The respondents requested that the application be deferred pending the completion of the grievance process.
The Tribunal noted its normal approach is to defer to concurrent proceedings where there is substantial overlap in facts and human rights issues, as grievance arbitrators have the authority to enforce human rights obligations.
Finding no reason to depart from this approach, the Tribunal deferred the application pending the conclusion of the grievance process.
Human rights application against union dismissed for failing to establish prima facie case of disability discrimination.
The applicant, a firefighter, alleged that his union and several of its officials discriminated against him on the basis of disability by failing to adequately represent him in his employment relations with the City of Mississauga following a workplace injury.
After hearing the applicant's evidence, the respondents moved to dismiss the application for failing to establish a prima facie case.
The Tribunal granted the motion and dismissed the application, finding no evidence that the union treated the applicant unequally or based its representation decisions on discriminatory considerations.
Human rights application deferred pending completion of concurrent union grievance arbitration on same facts.
The applicant filed a human rights application alleging employment discrimination on the basis of race, gender, and ethnic origin.
The applicant also had an ongoing union grievance proceeding based on substantially the same facts.
The Tribunal issued a Notice of Intent to Defer.
After initially opposing, the applicant consented to the deferral.
The Tribunal deferred the application pending the completion of the grievance arbitration, noting that grievance arbitrators have the authority to decide human rights claims.
Tribunal refuses to defer human rights application to condominium arbitration due to uncertain jurisdiction.
The applicant filed a human rights application alleging that the condominium corporation's declaration, which restricts units to single-family residences, discriminates against her tenants based on age, family status, and marital status.
The respondents requested that the Tribunal defer the application pending the completion of arbitration proceedings under the Condominium Act.
The Tribunal declined to defer the application, finding it unclear whether an arbitrator appointed under the Condominium Act has the authority to consider and apply the Human Rights Code to resolve the dispute.
Tribunal refused to defer application to arbitration where union declined to advance human rights claims.
The applicant filed a human rights application alleging discrimination and failure to accommodate by his employer.
The employer sought to defer the application pending the outcome of concurrent grievance arbitration proceedings.
The union, which had carriage of the grievances, indicated it would not advance the human rights claims at arbitration.
The Tribunal declined to defer the application, finding that because the human rights issues would not be adjudicated in the grievance process, deferral was not appropriate.
Reconsideration of interim decision denying complaint amendment denied for failing to meet Rule 102 criteria.
The complainant requested reconsideration of an interim decision that denied her request to amend her human rights complaint to include allegations regarding her detention under the Mental Health Act.
The Tribunal reviewed the request under Rule 102 of its Rules of Practice and found no new facts, no conflict with established jurisprudence, and no other factors outweighing the public interest in finality.
The request for reconsideration was denied.
Applicant directed to clarify proposed amendments to human rights application.
The applicant filed a Request for an Order During Proceedings seeking to amend her human rights application, alleging that she was fired and her Record of Employment incorrectly stated she quit.
The Tribunal found the request unclear and directed the applicant to clarify the specific amendments sought, including whether she was alleging additional acts of discrimination or seeking additional remedies, within two weeks.
Personal respondent removed from human rights application; hearing scheduled for early dismissal request.
The respondent union requested the removal of a personal respondent and the early dismissal of the application.
The applicant alleged that the union and its employee discriminated against her on the basis of disability by failing to properly advocate for her accommodation with her employer, leading her to sign a settlement.
Applying the Persaud factors, the Tribunal removed the personal respondent, noting the union did not dispute vicarious liability and no prejudice would result.
The Tribunal scheduled a half-day oral hearing to address the request for early dismissal.
Request to remove individual as a respondent granted on consent.
The respondent Patrice Barry filed a Request for an Order during Proceedings seeking to be removed as a respondent to the human rights complaint.
As the other parties consented to the request, the Tribunal ordered that Patrice Barry be removed as a respondent and amended the style of cause accordingly.
Corporate respondent ordered to produce the address of a taxi driver under Rule 1.7(p).
In an interim decision, the Human Rights Tribunal of Ontario ordered the corporate respondent to provide the current or most recent address of a specific taxi driver.
The corporate respondent had previously indicated it possessed no written or electronic records of the trip in question but identified the driver of Taxi 173.
Pursuant to Rule 1.7(p) of the Tribunal's Rules of Procedure, the Tribunal directed the production of the driver's address to facilitate the fair, just, and expeditious resolution of the matter.
Human rights application withdrawn with consent of the respondent and leave of the Tribunal.
The applicant requested leave to withdraw their human rights application under section 34 of the Human Rights Code, pursuant to Rule 10 of the Tribunal's Rules of Procedure.
The respondent consented to the withdrawal.