The applicant filed a human rights application alleging discrimination in employment because of disability and reprisal.
The respondents sought to dismiss the application under s. 45.1 of the Human Rights Code, arguing that the substance of the application had been appropriately dealt with in Workplace Safety and Insurance Board proceedings.
The applicant had appealed the WSIB decision to the Workplace Safety and Insurance Appeals Tribunal (WSIAT).
The Tribunal decided to defer the human rights application pending the completion of the WSIAT proceedings, as there were significant overlapping issues, such as whether the applicant voluntarily severed his employment or was dismissed.
