James Kafieh

The applicant, a student with a physical disability affecting her left hand, alleged that the respondent college discriminated against her by failing to properly accommodate her needs, leading to her withdrawal from the program.

The Tribunal found that the college fulfilled both its procedural and substantive duty to accommodate by providing assistive devices, modifying evaluations, and tolerating significant absences.

The Tribunal also noted the applicant failed to fulfill her duty to cooperate in the accommodation process.

The application was dismissed.

The applicant, a high school student, alleged discrimination on the basis of race, colour, ancestry, place of origin, ethnic origin, and creed after being disciplined and transferred to another school.

The respondents sought early dismissal on the basis that the application was filed outside the one-year limitation period.

The Tribunal found that the last alleged incident of discrimination occurred in late 2008, and the application was filed approximately six months late in June 2010.

The Tribunal rejected the applicant's arguments that the discrimination was ongoing or that the delay was incurred in good faith due to fear of reprisal or lack of legal representation.

The application was dismissed.