Kate Zavitz

The applicant filed a human rights application alleging discrimination in employment on the basis of place of origin, ethnic origin, and disability.

The respondents sought early dismissal of the application because the applicant had previously signed a full and final release.

The applicant argued the release was signed under economic duress after he was confronted with video surveillance showing him working while on WSIB benefits.

The Tribunal found that the applicant was not subjected to illegitimate pressure and had freely entered into the agreement.

The application was dismissed as an abuse of process.

In an interim decision, the Human Rights Tribunal of Ontario addressed requests to remove personal respondents and dismiss untimely allegations.

The Tribunal removed the personal respondents on consent.

Applying the one-year limitation period under section 34(1) of the Human Rights Code, the Tribunal found that allegations relating to school years prior to 2004-05 for one complainant and 2005-06 for the other did not form part of a series of incidents and were therefore untimely.

As no reasonable explanation was provided for the delay, the Tribunal declined to extend the time limit under section 34(2).

The Tribunal also provided case management directions for the upcoming hearing.

The applicant filed a human rights application alleging discrimination in employment on the basis of disability.

The respondent requested dismissal under s. 45.1 of the Human Rights Code, arguing the matter was already resolved through a union grievance process that resulted in signed Minutes of Settlement.

The Tribunal found that the grievance dealt with the same issues, the applicant was represented by his union, and the settlement included a release covering the respondent.

The Tribunal granted the request and dismissed the application to avoid duplication of proceedings.