HRTO 2012

The applicant filed a human rights application alleging discrimination and reprisal in employment on the basis of family and marital status.

The Tribunal noted that the applicant had a prior application with overlapping facts and legal issues currently under reserve.

The Tribunal directed that the current application be held in abeyance pending the release of the decision in the first application to avoid duplication of processes and relitigation of matters.

The respondent requested a summary hearing and an order during proceeding to dismiss the human rights application, arguing it was based on patently false claims and constituted an abuse of process.

The Tribunal denied both requests, finding that the parties had competing accounts of the facts, which required evidence to resolve.

The Tribunal directed the parties to indicate their willingness to participate in mediation.

The applicant, an employee with a disability resulting from workplace injuries, alleged discrimination on the basis of age and disability after her employer discontinued a temporary modified work arrangement and placed her on an unpaid medical leave.

The Tribunal dismissed the age discrimination claim for lack of evidence.

Regarding disability, the Tribunal found that the employer met both its procedural and substantive duty to accommodate.

The applicant was unable to perform the essential duties of her position, and the employer was not required to permanently bundle tasks or assign essential duties to other employees to create a new position.

The applicant filed an application under s. 34 of the Human Rights Code.

After verbally confirming an intention to withdraw the application, the applicant failed to file a formal Request to Withdraw.

The Tribunal subsequently warned the applicant that failure to respond would result in the application being considered abandoned.

As the applicant did not respond, the Tribunal deemed the application abandoned and dismissed it.

The respondent requested an adjournment of a hearing scheduled for December 10, 2012, seeking to reschedule it after March 2013 due to the death of a close family member of the respondent's contact person and his resulting duties as executor.

The applicant opposed the request.

The Tribunal denied the adjournment, noting that the hearing had already been rescheduled once due to the respondent's counsel's illness, the new date was set on consent, and the circumstances did not constitute a sufficient basis to grant a further delay.

The applicant, a 48-year-old karate student with a hip replacement, alleged discrimination on the basis of age and disability after he was not promoted to the orange belt level.

The Tribunal directed a summary hearing to determine if the application had a reasonable prospect of success.

The Tribunal found that the applicant could not point to any evidence, beyond bald assertions, linking the failure to be awarded the belt to his age or disability.

The application was dismissed for having no reasonable prospect of success.

The applicant requested an adjournment of the merits hearing, arguing that he needed time to summons a witness to authenticate newly received information regarding the respondent's direct deposit practices.

The Tribunal denied the request, finding that the information sought to be authenticated was not material to the sole outstanding issue of whether the failure to provide direct deposit services discriminated against the applicant on the basis of his disability.

The applicant filed a human rights application alleging discrimination in employment on the basis of family status, relating to events that occurred in 1989.

The Tribunal issued a Notice of Intent to Dismiss as the application appeared to be filed outside the one-year time limit.

The Tribunal found that the applicant provided no good faith explanation for the delay of over twenty years, and that such delay would substantially prejudice the respondents.

The application was dismissed as out of time.

The applicant filed an application under section 34 of the Human Rights Code alleging employment discrimination based on race, colour, ancestry, and ethnic origin.

The Tribunal issued a Notice of Incomplete Application and Notice of Intent to Dismiss, noting missing information and jurisdictional defects, and directed the applicant to respond by a specified date.

The applicant failed to provide the missing information, make submissions, or otherwise communicate with the Tribunal.

As a result, the application was dismissed as abandoned.

The applicant filed an application under section 34 of the Human Rights Code.

The respondents failed to file a Response by the deadline set in the Notice of Application.

The Tribunal issued an interim decision directing the respondents to file a Response within 14 days, along with an explanation for the delay, failing which the Tribunal may proceed without further notice and deem the respondents to have accepted the allegations.

The applicant filed a human rights application alleging discrimination in employment based on a record of offences.

The Tribunal issued a Notice of Intent to Dismiss Application, noting that the application failed to identify specific acts of discrimination or describe how the respondents' behaviour related to the alleged ground.

The applicant was directed to provide submissions on jurisdiction but failed to do so.

Consequently, the Tribunal dismissed the application as abandoned.

The applicant filed a Request for an Order During Proceedings regarding the personal respondent's failure to file hearing materials, including a witness list and documents.

The personal respondent did not respond to the Tribunal's direction.

The Tribunal granted the request and ordered the personal respondent to deliver and file the required materials by a specified date, warning that failure to comply could result in being barred from relying on documents or calling witnesses at the hearing.

The applicant requested a reconsideration of a Tribunal decision that dismissed his human rights application for being filed outside the one-year limitation period.

The applicant argued that the decision conflicted with established case law, that he did not receive proper notice, and that his mental health issues justified the delay in good faith.

The Tribunal denied the request, finding no conflict with jurisprudence, no prejudice from the notice issue, and insufficient medical evidence to prove his condition prevented him from filing on time.

The applicant filed an Application for Contravention of Settlement under section 45.9(3) of the Human Rights Code.

The respondents failed to file a Response within the required 14-day period.

The Tribunal issued an Interim Decision directing the respondents to file their Response within 14 days, along with an explanation for the delay, failing which the Tribunal may proceed without further notice to them.

The applicant filed a human rights application alleging discrimination in services.

A summary hearing was scheduled to determine if the application had a reasonable prospect of success.

The applicant failed to attend the initial summary hearing and a rescheduled summary hearing.

The Tribunal found that the applicant failed to update his contact information, including after being incarcerated and subsequently released.

The application was dismissed as abandoned due to the applicant's failure to attend and comply with the Tribunal's Rules.

The respondent sought to defer the human rights application pending the resolution of a related criminal charge.

The applicant submitted that the request was moot because the criminal charges had been withdrawn.

The respondent did not reply to the Tribunal's request for a response on this issue.

The Tribunal found the request to defer was moot and denied it, directing that the application continue to be processed.

The applicant filed a human rights application under section 34 of the Human Rights Code.

The Tribunal issued a Notice of Intent to Defer the application because a related grievance dealing with the same subject-matter was ongoing.

Only the respondents filed submissions, confirming the grievance was active.

To avoid concurrent proceedings and the possibility of inconsistent decisions, the Tribunal deferred the application pending the conclusion of the grievance and arbitration procedure.

The applicant, who has a developmental disability, requested a reconsideration of a Tribunal decision that dismissed her allegations of an ongoing discriminatory wage differential as out of time.

The Tribunal previously found that the ongoing practice of paying her less than non-disabled employees was not a continuing contravention under section 34(1) of the Human Rights Code.

On reconsideration, the Tribunal found that the ongoing wage differential constituted a series of incidents, making the allegations timely.

The Tribunal granted the request for reconsideration and directed further proceedings to determine the merits and potential remedy.

The applicant, who self-identifies as having mental health problems, alleged discrimination and reprisal by the respondents in the provision of medical services and the handling of her subsequent complaints.

The respondents requested that the application be dismissed for having no reasonable prospect of success.

The Tribunal found that the applicant could not point to evidence demonstrating a link between the respondents' actions and her disability, nor could she substantiate her allegations of reprisal.

The application was dismissed as having no reasonable prospect of success.

The applicant filed an application alleging discrimination in employment on the basis of disability.

The respondent requested an order for the applicant to provide information relevant to damages.

The Tribunal issued a Case Assessment Direction requiring the applicant to file materials under Rules 16 and 17, warning that failure to do so could result in dismissal for abandonment.

The applicant failed to respond or file the required materials.

Consequently, the Tribunal dismissed the application as abandoned and cancelled the scheduled hearing dates.