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Paralegal removed as representative of record in catastrophic impairment dispute for acting outside permissible scope of practice.
The applicant sought statutory accident benefits following a motor vehicle accident, and the matter proceeded to a written preliminary issue hearing regarding catastrophic impairment.
The Tribunal identified that the applicant's representative was a licensed paralegal, who is prohibited by Law Society of Ontario By-Laws from acting in matters where catastrophic impairment is in dispute.
The Tribunal struck the paralegal's written submissions from the record and removed him as the representative of record, granting the applicant 30 days to retain authorized counsel or proceed self-represented.
Action dismissed for delay after plaintiff failed to serve statement of claim for five years.
The defendant brought a motion to dismiss the action for delay because the plaintiff failed to serve the statement of claim within the prescribed six-month period.
The claim arose from a 2015 motor vehicle accident and was issued in 2017, but was not properly served until 2022.
The court found the delay to be inordinate, inexcusable, and entirely the fault of the plaintiff.
Presumed prejudice to the defendant was not rebutted, leading the court to grant the motion and dismiss the action.
LTB denied natural justice by dismissing review request without a hearing when tenants cited broken elevators.
The tenant appellants appealed an eviction order and a subsequent LTB order denying their request for a review.
The tenants had attended the LTB for their hearing but left during a lunch break because the elevators broke down, and they could not climb 18 flights of stairs due to a disability.
The LTB member dismissed their review request without a hearing, finding they should have telephoned the Board.
The Divisional Court allowed the appeal, holding that the LTB denied the tenants natural justice by failing to hold a review hearing to consider their evidence regarding their inability to participate.
The matter was remitted to the LTB for a review hearing.
Human rights application dismissed for delay as post-employment social media conduct did not engage employment protections.
The applicant, who identifies as a gay man, alleged discrimination in employment based on sexual orientation, gender expression, and gender identity during his time as a volunteer with the respondent organization.
The employment relationship ended in June 2011, but the application was not filed until December 2012.
The applicant relied on post-employment incidents, including social media comments and actions in other legal proceedings, to bring the application within the one-year limitation period.
The Tribunal found that the post-employment conduct was not connected to the social area of employment.
As the application was filed more than 12 months after the last incident of employment discrimination and no explanation for the delay was provided, the application was dismissed as out of time.
