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Tribunal removes personal respondent and orders mutual production of arguably relevant medical and financial documents.
The applicant filed a human rights application alleging discrimination in employment on the basis of disability against her former employer and its CEO.
In this interim decision, the Tribunal addressed several procedural requests.
The Tribunal removed the CEO as a personal respondent, finding no compelling reason to keep him as a party since the corporate respondent could be held vicariously liable.
The Tribunal allowed the applicant to amend her remedial request, except as against the removed CEO.
The Tribunal also ordered the applicant to produce her unredacted medical file to the respondent, and ordered the respondent to produce certain financial and accommodation-related documents predating the applicant's termination.
Human rights application dismissed as an abuse of process because the issues were already decided at arbitration.
The applicant filed a human rights application alleging age discrimination after she was laid off and denied the ability to bump junior employees.
The applicant had previously grieved the lay-off, and an arbitrator dismissed the grievance after a seven-day hearing, finding the assessment process was fair and based on objective data.
The respondent requested that the human rights application be dismissed as an abuse of process.
The Tribunal agreed, finding that the applicant had a full opportunity to litigate the fairness of the process at arbitration and that allowing the application to proceed would be an abuse of process.
Human rights application dismissed as abuse of process due to a binding full and final release.
The applicant filed a human rights application alleging discrimination on the basis of family and marital status following her termination.
The respondents requested early dismissal on the basis that the applicant had signed a full and final release in exchange for a termination compensation package.
The Tribunal found that the release clearly encompassed claims under the Human Rights Code, the applicant had the opportunity to seek legal advice, and there was no evidence of duress or coercion.
The Tribunal concluded that allowing the application to proceed would be an abuse of process and dismissed the application.