The applicant filed a human rights application alleging discrimination in employment on the basis of disability, claiming the respondent failed to accommodate his return to work following a workplace injury.
The respondent sought to dismiss the application on preliminary grounds, arguing it was filed outside the one-year limitation period and that the WSIB had already appropriately dealt with the substance of the application.
The Tribunal found the application was timely, as a second return-to-work meeting held within the one-year period had a different purpose (considering retraining) than the first meeting, constituting a separate incident in a series.
The Tribunal declined to dismiss the application under section 45.1 at this stage, finding further evidence was required.
