Frank Lento

The applicant filed a human rights application alleging discrimination and reprisal in his termination.

He also filed a claim with the Ministry of Labour for Employment Standards Act (ESA) violations.

The respondent requested early dismissal of the human rights application under section 45.1 of the Human Rights Code, arguing the ESA proceeding dealt with the substance of the application.

The Tribunal denied the request, finding that the ESA proceeding addressed ESA breaches, not the human rights issues raised in the application.

The moving party sought an extension of time to appeal a vesting order and to perfect an appeal of a foreign judgment recognition order.

The responding party brought a cross-motion to dismiss the motion and for security for costs.

The Court of Appeal dismissed the moving party's motion, finding that he had persistently disregarded the Rules of Civil Procedure and previous court orders, including failing to pay costs and post security for costs.

The justice of the case favoured the responding party.