Allan Freedman

The applicant filed a human rights application alleging discrimination on the basis of disability by the respondent chiropractic college.

The respondent requested a summary hearing to dismiss the application for delay.

The Tribunal found that the applicant's allegations regarding a failure to accommodate between 2006 and 2009 were out of time and did not constitute a series of incidents with her 2013 request for readmission.

However, the Tribunal held that the 2013 allegation concerning the respondent's refusal to readmit her with accommodation was timely and had a reasonable prospect of success.

The application was allowed to proceed on the 2013 allegation only.

The applicant filed a Contravention of Settlement Application under section 45.9 of the Human Rights Code, alleging the respondents breached their Minutes of Settlement by providing an uncertified cheque.

The Tribunal noted that while the failure to certify the cheque meant the settlement was not strictly adhered to, the applicant successfully cashed the cheque on the same day and the funds cleared.

Because the applicant had already received the money, the Tribunal concluded that no order was necessary to remedy the technical contravention.

The applicant requested an adjournment of the scheduled hearing dates due to the recent death of her father.

The respondent opposed the request, noting its own previous adjournment request had been denied.

The Tribunal found that the death of the applicant's father constituted an exceptional circumstance under its Practice Direction and granted the adjournment.