The respondent requested the dismissal of a human rights application alleging discrimination based on disability and sex.
The respondent argued the application was filed out of time and that its substance had already been dealt with by a WSIB Appeals Resolution Officer (ARO).
The Tribunal denied the request to dismiss for delay, finding the application was filed within one year of the last alleged incident.
The Tribunal also declined to dismiss the application under s. 45.1 of the Human Rights Code, concluding that the ARO decision focused narrowly on compensability under the Workplace Safety and Insurance Act and did not address the broader human rights issues of accommodation or the allegations of sex discrimination.
