Catherine Bell

The applicant filed a human rights application alleging discrimination on the basis of disability against her employer and her union.

The union respondents requested summary dismissal on the basis that the application had no reasonable prospect of success.

The employer requested dismissal under s. 45.1 of the Human Rights Code, arguing a prior grievance settlement dealt with the substance of the application.

The Tribunal dismissed the application against the union respondents, finding no facts were alleged linking their representation to a Code ground.

The Tribunal declined to dismiss the application against the employer, as the grievance settlement only covered a portion of the time period during which the applicant alleged discrimination.

At a summary hearing, the respondent challenged the applicant's use of an unlicensed representative.

The representative claimed the 'friend or neighbour' exemption under Law Society By-law 4, which allows unlicensed persons to provide legal services in no more than three matters per year.

The Tribunal found that the representative was providing legal services in at least four matters in 2015, including other tribunal and labour board applications.

Consequently, the representative was not permitted to appear before the Tribunal and was removed from the application.