Geoff Jeffery

The applicant alleged discrimination on the basis of disability and gender expression, as well as reprisal, after the respondent walk-in clinic denied him access to his medical records, prohibited him from video recording staff, and banned him from the clinic.

The Tribunal held a summary hearing and dismissed the application for having no reasonable prospect of success.

The Tribunal found no evidence linking the clinic's actions to the applicant's disability, determined that the ground of gender expression does not protect cisgender men expressing themselves in stereotypically male ways, and concluded that filing a privacy complaint is not a protected right under the Human Rights Code.

The applicant filed a human rights application against the respondent.

The Tribunal issued an interim decision seeking submissions on whether the application should be deferred because of an ongoing grievance dealing with the same issues.

The respondent and the intervenor union opposed deferral, with the respondent arguing the application was an attempt to challenge his authority and should be dismissed for failing to establish a prima facie case.

The Tribunal found that deferral was the most fair, just, and expeditious way to proceed, as the facts and issues in the grievance were largely the same.

The application was deferred pending the conclusion of the grievance.