2 total
Human rights application dismissed at summary hearing for lacking evidence linking unfair treatment to Code grounds.
The applicant, a dental assistant, alleged discrimination on the basis of age, colour, disability, and sex by her employer.
The Tribunal held a summary hearing to determine if the application had a reasonable prospect of success.
The Tribunal found that even accepting the applicant's allegations as true, there was no evidence linking the alleged unfair treatment to any Code-protected grounds.
The application was dismissed for having no reasonable prospect of success.
LTB decision set aside; Member erred in applying issue estoppel from a case with a different tenant.
The landlord appealed a Landlord and Tenant Board decision dismissing its application for arrears of rent related to an air conditioning charge.
The LTB Member had relied on a previous decision involving the same landlord but a different tenant to find the charge invalid.
The Divisional Court allowed the appeal, finding the Member erred in applying issue estoppel because the parties and the specific issues were different.
The matter was remitted back to the LTB for a re-hearing before a different Member.
