The respondents requested the dismissal of a human rights application under s. 34(11) of the Human Rights Code, arguing that the applicant had commenced a civil proceeding seeking remedies for the same alleged Code infringements.
The applicant had amended her civil Statement of Claim to remove any allegations of Code violations and requests for Code remedies, leaving only a claim for constructive dismissal.
The Tribunal found that because the applicant was no longer seeking a Code remedy in the civil action, s. 34(11) did not bar the application.
The Tribunal also declined to defer the application, noting the imminent hearing dates.
