Jessica De Marinis

The Ontario Land Tribunal held a Case Management Conference regarding appeals by Miss BJL Corp. against the City of Mississauga for failing to make decisions on Official Plan and Zoning By-law Amendment applications within the statutory timeframes.

The applications seek to permit a 9-storey mixed-use building.

The Tribunal granted party status to the Regional Municipality of Peel on consent.

As the parties were engaged in settlement discussions pending a resubmission, the Tribunal scheduled a further Case Management Conference for June 20, 2023.

The applicant sought judicial review of a Human Rights Tribunal of Ontario decision finding it discriminated against a resident with disabilities by implementing a strict COVID-19 visitation policy in its congregate care setting.

The Divisional Court held the HRTO's decision was unreasonable, finding the policy was based on public health guidance rather than presumed characteristics of persons with disabilities, and thus did not constitute prima facie discrimination.

Furthermore, the court found the HRTO unreasonably concluded the applicant failed in its duty to accommodate, as it ignored the fluid nature of pandemic guidance and the reasonable alternatives offered.

The application for judicial review was allowed and the HRTO decisions were set aside.

The applicants filed human rights applications alleging discrimination in employment against the respondent.

Following the filings, the Superior Court issued an order under the Companies' Creditors Arrangement Act staying all proceedings against the respondent.

The Tribunal deferred the applications and cancelled scheduled mediations, holding that it is appropriate to give effect to the CCAA stay order.