2 total
Human rights application regarding professional examination accommodations dismissed as untimely with no good faith explanation for delay.
The applicant filed a human rights application alleging discrimination based on a learning disability after being denied further attempts to pass the respondent's chiropractic examination.
The respondent requested the application be dismissed as untimely, arguing the last incident occurred in October 2008 when the applicant was informed he was ineligible for further attempts.
The Tribunal agreed that the application, filed in September 2013, was outside the one-year limitation period under section 34 of the Human Rights Code.
The Tribunal found the applicant's subsequent internal appeals and personal priorities did not constitute a good faith explanation for the delay, and dismissed the application.
Adjournment request denied as counsel's unavailability during school holidays is not an exceptional circumstance.
The respondent requested an adjournment of the scheduled hearing dates due to school holidays and counsel's unavailability.
The applicant opposed the request.
The Human Rights Tribunal of Ontario denied the adjournment, noting that absent exceptional circumstances, unavailability of counsel is not a legitimate reason to grant an adjournment under the Tribunal's Practice Direction.
