2 total
Request for recusal and determination of settlement privilege breach denied.
The applicant filed a Request for an Order During Proceedings seeking a determination that the respondent breached settlement privilege by disclosing protected communications, and requesting that the adjudicator recuse herself for having reviewed them.
The Tribunal denied the requests, finding that the privilege issue had already been addressed in a prior case assessment direction and that reviewing documents not entered into evidence does not create a reasonable apprehension of bias.
Human rights application dismissed for delay as applicant failed to explain late filing.
The applicant filed a human rights application alleging racial discrimination by a taxi driver and company more than eight months after the one-year statutory time limit.
The applicant argued the delay was in good faith because he was attempting to obtain the driver's name through criminal disclosure and freedom of information requests.
The Tribunal found that while the initial delay might have been in good faith, the applicant failed to provide a reasonable explanation for waiting an additional three months and three weeks to file the application after his freedom of information request was denied.
The application was dismissed for lack of jurisdiction.
