The applicant filed a human rights application alleging discrimination on the basis of disability, race, and other grounds against his former physician, the university where she practiced, and the College of Physicians and Surgeons of Ontario.
The Tribunal held a preliminary hearing to determine if the application was timely.
The Tribunal denied the applicant's request for the adjudicator to recuse himself, finding no reasonable apprehension of bias.
The Tribunal found that the last alleged incident of discrimination by the physician occurred when she terminated the doctor-patient relationship more than one year before the application was filed.
As the applicant failed to establish a good faith reason for the delay, the application against the physician was dismissed.
Consequently, the vicarious liability claims against the university and the systemic discrimination claims against the College were also dismissed, as they depended on a finding of discrimination against the physician.
