Colin Osterberg

The applicant filed a human rights application alleging discrimination in housing and services based on disability and age against March of Dimes Canada, Chatham-Kent, and the County of Lambton.

The Tribunal held a summary hearing to determine if the application had a reasonable prospect of success.

The Tribunal found that the applicant's denial of supportive housing by March of Dimes was based on her own admission that she did not currently require personal care assistance, not her disability.

Claims against Chatham-Kent regarding handrails were deemed premature and unsupported by medical evidence, and age discrimination claims regarding a seniors' building failed to show substantive discrimination.

Claims against Lambton for relying on the March of Dimes decision were also dismissed.

The application was dismissed in its entirety.

The applicant filed a human rights application alleging discrimination on the basis of disability approximately 22 months after the last alleged incident.

The respondent requested the application be dismissed for delay.

The Tribunal found that the applicant failed to provide a reasonable explanation for the delay, noting that ignorance of one's rights and awaiting the outcome of a civil action do not constitute good faith.

The application was dismissed as the Tribunal lacked jurisdiction.

The applicant was injured in a motor vehicle accident and received statutory accident benefits until the insurer terminated them.

The applicant applied for arbitration, claiming ongoing weekly income benefits on the basis that severe, unpredictable headaches caused by the accident continuously prevented him from engaging in any occupation for which he was reasonably suited.

The Arbitrator found the applicant credible and accepted medical evidence that his severe headaches were debilitating and unpredictable.

The Arbitrator concluded that the applicant was continuously prevented from engaging in suitable employment and ordered the insurer to pay ongoing weekly income benefits and arbitration expenses.