Jennifer Zdriluk

The applicant sought judicial review of the Human Rights Tribunal of Ontario's decision declining to reactivate her application after a workplace grievance was withdrawn.

The Tribunal found she failed to provide a reasonable explanation for her delay in requesting reactivation, as her medical evidence did not establish she was prevented from pursuing her legal rights.

The Divisional Court dismissed the application for judicial review, finding the Tribunal's decision reasonable, its assessment of the medical evidence entitled to deference, and no reasonable apprehension of bias.

The applicant tennis association sought judicial review of a Human Rights Tribunal of Ontario decision finding it discriminated against women by offering twice as many playing spots to men in its mixed league.

The Divisional Court dismissed the application, holding that the standard of review for HRTO decisions remains reasonableness post-Vavilov.

The Court found the HRTO reasonably concluded the respondents had standing, the applications were timely, and the applicant failed to establish undue hardship in implementing a gender-equal format.

The applicant sought judicial review of a Human Rights Tribunal of Ontario decision finding his employer breached its procedural duty to accommodate his disability but awarding only $5,000 in general damages.

The applicant argued the Tribunal erred by considering seniority rights and a WSIB incentive program in its accommodation analysis, and by failing to award lost wages.

The Divisional Court dismissed the application, holding that the Tribunal's findings on the duty to accommodate and its remedial order were reasonable given the evidentiary record.

The applicant school board sought judicial review of an interim decision by the Human Rights Tribunal of Ontario, which had refused to dismiss a human rights application early.

The underlying human rights application alleged discrimination and failure to accommodate related to a student's expulsion.

The Divisional Court dismissed the application for judicial review as premature, finding no exceptional circumstances to justify interfering with an ongoing tribunal proceeding.

The court distinguished a previous case, noting there was no risk of inconsistent findings, no broad principle at stake, and the judicial review had caused delay.

The appellant School Board appealed a Divisional Court decision upholding the Human Rights Tribunal of Ontario's finding that it failed to accommodate the respondent employee's disability and ordering her reinstatement.

The employee had developed a psychiatric impairment due to the stress of her position and was unable to return to her previous role.

The Tribunal found that the School Board failed to accommodate her by not placing her in available alternative positions.

The Court of Appeal dismissed the appeal, finding the Tribunal's decisions on both liability and the remedy of reinstatement were reasonable and entitled to deference.

The respondent, Sharon Fair, brought a motion in writing to amend the Divisional Court's earlier written reasons, alleging clerical errors.

The applicant school board opposed the motion.

The court noted that the applicant had already obtained leave to appeal the judgment to the Court of Appeal.

The court dismissed the motion, finding that even if it had jurisdiction to amend its reasons, it would be unseemly to do so while an appeal was pending, and that justice would be better served by leaving the determination of any errors to the Court of Appeal.

The applicant school board sought judicial review of two Human Rights Tribunal of Ontario decisions finding it discriminated against an employee by failing to accommodate her disability and ordering her reinstatement with damages.

The Divisional Court dismissed the application, finding the Tribunal's decisions on liability and remedy were reasonable and amply supported by the evidence.

The Court also rejected the applicant's arguments regarding procedural fairness and reasonable apprehension of bias.