David Delagran

The applicant requested the reactivation of a human rights application that had been deferred pending the conclusion of related legal proceedings.

The applicant claimed that all motions to appeal had been dismissed.

The respondent opposed the request and provided evidence that the Ontario Court of Appeal had granted leave to appeal.

The Tribunal denied the request to reactivate, as the related appeal proceedings were not yet concluded.

The applicant filed a human rights application alleging termination based on disability and age.

The applicant had also commenced a civil action for wrongful dismissal, seeking damages for bad faith and explicitly pleading the Human Rights Code.

The respondents argued the application was barred under section 34(11) of the Code.

The Tribunal found that the civil action raised the same allegations of Code infringements based on the same facts and sought remedies for those infringements.

The Tribunal held that section 34(11) applied and dismissed the application to prevent duplicative proceedings.