Kathleen Andrew

The corporate respondent requested that the human rights application be deferred because the applicant had filed an objection with the WSIB regarding loss of earnings benefits.

The Tribunal denied the deferral request, finding that there was no active WSIB proceeding underway and that the Tribunal's jurisdiction over the harassment and discrimination allegations was broader than the WSIB's.

The Tribunal also denied the applicant's request to join this application with another application against the same respondent, noting that the facts and procedural issues in each case were different.

The respondents requested that the human rights application alleging discrimination based on disability be dismissed under section 45.1 of the Human Rights Code, arguing that a WSIB proceeding had appropriately dealt with its substance.

The Tribunal denied the request, finding that while there was overlap, the WSIB did not deal with the substance of the human rights allegations, which included failure to accommodate and harassment.

The Tribunal also denied the applicant's request to join the application with another employee's application, but granted an unopposed request to amend the monetary remedy claimed.