Christopher M. Wallace

The respondent requested a summary hearing to dismiss the human rights application, arguing that the Tribunal lacked jurisdiction because the dispute was contractual and involved an entity in the Maldives, and that the application had no reasonable prospect of success.

The Tribunal dismissed the request, finding it was not plain and obvious that jurisdiction was lacking given the alleged involvement of the respondent's Ottawa head office.

The Tribunal also found that the allegations, if proven, could support an inference of discrimination, and directed the applicant to seek leave if she intended to amend her application to include the social area of employment.

The applicant requested a reconsideration of a Tribunal decision that dismissed her human rights application as abandoned after she failed to attend a summary hearing.

The applicant argued she did not receive the Notice of Hearing because she had moved and relied on a relative to forward her mail, rather than updating her address with the Tribunal.

The Tribunal found that while the applicant should have been more diligent, she established exceptional circumstances as she did not receive the notice.

The request for reconsideration was granted and the original decision was set aside.