7 total
Request for document production denied as premature prior to issuance of Confirmation of Hearing.
The applicant filed a Request for Order During Proceeding seeking the production of documents in a human rights application alleging discrimination based on disability.
The respondent opposed the request as premature.
The Tribunal denied the request, noting that under Rule 16, arguably relevant documents must be disclosed within 21 days after a Confirmation of Hearing is sent.
As no Confirmation of Hearing had been issued and no special circumstances existed, the request was premature.
Applicant permitted to amend human rights application to add new allegations and marital status ground.
The applicant filed a Request for Order During Proceedings seeking to consolidate or have applications heard together, which the Tribunal treated as a request to amend her human rights application.
The applicant sought to add new allegations regarding shift scheduling and the ground of marital status.
Applying the factors from Wozenilek, the Tribunal granted the request to amend, noting that the hearing was not yet scheduled, the allegations were not untimely, and there was sufficient detail for the respondents to respond.
Human rights application deferred on consent pending completion of concurrent grievance process.
The applicant filed an application alleging discrimination and reprisal in employment.
She also filed grievances with her union regarding the same allegations.
The applicant requested a deferral of her human rights application pending the resolution of the grievance process, and the respondents consented.
The Tribunal granted the deferral, noting that grievance arbitrators have the authority to enforce human rights obligations and that deferral is appropriate where concurrent proceedings raise the same human rights issues.
Summary dismissal denied where discrimination claim regarding temporary absence pass required credibility findings.
The applicant, an incarcerated Indigenous person, alleged discrimination on the basis of race after his request for a temporary absence pass to attend his mother's funeral was allegedly ignored.
The respondent claimed there was no record of the request.
The Tribunal held a summary hearing to determine if the application had a reasonable prospect of success.
Finding that the dispute rested on credibility and evidence regarding whether the requests were made and ignored due to the applicant's Indigenous identity, the Tribunal declined to dismiss the application and directed it to a full hearing.
Human rights application deferred pending outcome of ongoing workplace grievance-arbitration process.
The applicant filed a human rights application alleging discrimination and sexual harassment in employment.
The Tribunal issued a Notice of Intent to Defer the application pending the outcome of an ongoing workplace grievance-arbitration process initiated by the applicant under the Public Service of Ontario Act, 2006.
The respondent supported the deferral, noting the grievances were based on substantially the same facts.
The Tribunal deferred the application to avoid adjudicative duplication and inconsistent decisions, finding considerable factual overlap between the two proceedings.
Human rights application alleging discriminatory police service dismissed for delay and no reasonable prospect of success.
The applicant filed a human rights application alleging that police officers failed to provide adequate service during neighbour disputes due to his race and other protected grounds.
The Tribunal held a preliminary hearing to address delay and whether the application had a reasonable prospect of success.
The Tribunal found that the allegations predating June 2011 were filed outside the one-year limitation period without a good faith explanation for the delay.
The sole timely allegation regarding a June 2011 incident was dismissed for having no reasonable prospect of success, as the applicant failed to allege facts linking the police conduct to a protected ground under the Code.
The application was dismissed.
Human rights application deferred pending conclusion of concurrent grievance process based on same facts.
The applicant filed a human rights application alleging discrimination and harassment on the basis of a mental disability by her employer.
The Tribunal issued a Notice of Intent to Defer because the applicant had an ongoing grievance based on the same facts.
The respondent supported deferral, while the applicant opposed it due to financial hardship.
The Tribunal ordered the deferral of the application pending the conclusion of the grievance process, noting that the Grievance Settlement Board has the authority to interpret and apply the Code.
