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Human rights application alleging race and age discrimination dismissed at summary hearing for lacking factual foundation.
The applicant, a 65-year-old West Indian Canadian Registered Practical Nurse, alleged discrimination in employment on the basis of race, colour, and age after transferring to the respondent's Windsor office.
The respondents requested a summary hearing to dismiss the application, arguing there was no factual basis connecting the applicant's workplace frustrations to a protected ground.
The Tribunal found that the applicant failed to provide objective facts linking the alleged unfair treatment, including work assignments and a lack of computer training, to her race, colour, or age.
The application was dismissed as having no reasonable prospect of success.
Stay of proceedings pending judicial review denied despite consent of all parties to avoid delay.
The respondents requested a stay of proceedings before the Board of Inquiry pending the outcome of a judicial review application concerning a previous interim decision that refused to maintain a verbatim audio record of the hearing.
The complainant and the Commission consented to the stay.
The adjudicator refused the stay, finding that the balance of convenience favoured continuing the proceeding to avoid further delay, and noting that the respondents could hire a court reporter at their own expense.
The adjudicator also granted in part a request to adjourn several hearing days due to confusion over a scheduling letter.
Hearing bifurcated to determine discrimination before damages; requests for transcripts and immediate disclosure of business records denied.
The adjudicator addressed three preliminary issues in a human rights complaint.
The complaint was amended on consent to remove allegations of discrimination based on family status.
The adjudicator denied the respondents' request to record the proceedings and provide transcripts, finding no statutory obligation to do so absent a request for accommodation.
Finally, the adjudicator deferred the respondents' request for disclosure of the complainant's husband's business records, which were sought to assess mitigation efforts.
The adjudicator ordered the hearing bifurcated, with the issue of discrimination to be determined before addressing damages and mitigation.
