The respondent requested the dismissal of the human rights application under section 45.1 of the Human Rights Code, arguing that the substance of the application—whether the respondent could have accommodated the applicant's permanent medical restrictions in 2003—had been appropriately dealt with in WSIB proceedings.
The Tribunal dismissed the request, finding that the WSIAT decision relied upon by the respondent only determined the re-employment obligation and did not address the accommodation issue.
