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Human rights application partially dismissed for delay; earlier incident time-barred while later incident proceeds.
The applicant filed a human rights application alleging discrimination on the basis of disability against Ontario Power Generation and Babcock and Wilcox Canada Ltd. The applicant consented to dismissing the application against Ontario Power Generation due to federal jurisdiction.
The Tribunal considered whether the remaining allegations against Babcock should be dismissed for delay under section 34 of the Human Rights Code.
The Tribunal found that the initial layoff in April 2009 and a subsequent request for accommodation in July 2010 did not constitute a series of incidents.
The Tribunal dismissed the allegations relating to the April 2009 layoff due to delay, finding no good faith reason for the late filing.
The allegations relating to the July 2010 incident were permitted to proceed.
A request to defer the application pending a grievance was denied.
