2 total
Human rights application continues to be deferred pending resolution of overlapping WSIB appeals.
The applicant filed a Request for Order During Proceedings to re-activate her human rights application, which had been deferred pending the completion of WSIB return to work services and appeals.
The respondent opposed the re-activation, arguing that multiple WSIB appeals remained outstanding and that proceeding in both forums would result in duplication and potential inconsistent decisions.
The Tribunal found significant overlap between the factual and legal issues in the WSIB proceedings and the application.
The Tribunal ordered the application to continue to be deferred for a further 6 months, at which point the parties must provide a status update on the WSIB appeals.
Human rights application deferred pending completion of concurrent WSIB proceedings regarding accommodated work.
The applicant filed a human rights application alleging discrimination with respect to disability in employment.
The Tribunal issued a Notice of Intent to Defer the application because the applicant had concurrent proceedings before the Workplace Safety and Insurance Board (WSIB) regarding the suitability of accommodated work.
Finding significant overlap between the issues before the Tribunal and the WSIB, the Tribunal exercised its discretion to defer the application pending the completion of the WSIB return-to-work services and the next level of the WSIB appeal.
