2 total
Human rights application against tribunal dismissed as barred by the doctrine of judicial immunity.
The applicant filed a human rights application alleging that the Workplace Safety and Insurance Appeals Tribunal discriminated against her based on family status and disability by failing to offer to pay for child care so she could attend her appeal hearing in person.
The Tribunal held a summary hearing to determine if the application had a reasonable prospect of success.
The Tribunal found that the application was barred by the common law doctrine of judicial immunity, as the respondent tribunal's decision to permit the applicant to participate by teleconference was a procedural ruling made in the course of exercising its quasi-judicial functions.
The application was dismissed.
Human rights application against WSIB and WSIAT dismissed for lack of jurisdiction and untimeliness.
The applicant filed a human rights application alleging discrimination with respect to services by the WSIAT and WSIB based on events that occurred 22 years prior.
The Tribunal held a summary hearing by teleconference to determine if the application had a reasonable prospect of success and whether it was timely.
The Tribunal found that it lacked jurisdiction to review WSIB benefit decisions or WSIAT appeal processes for Code compliance in this manner.
Furthermore, the application was out of time under section 34 of the Code, as continuing effects of past decisions do not constitute ongoing discrimination.
