Lauren Chang-McLean

The Employer requested a variance of a previous order requiring the provision of witness particulars, citing obstacles arising from the Covid-19 health crisis.

The Arbitrator granted the request, setting new deadlines for the Employer to provide witness names and anticipated evidence relevant to its request for damages in lieu of reinstatement.

The Arbitrator also confirmed that the hearing scheduled for April 8 and 9, 2020, could not proceed in person due to the pandemic, and scheduled a further conference call to determine whether the hearing would proceed remotely or be adjourned.

The applicant filed two human rights applications against his former employer, a school board, and several personal respondents.

The Tribunal held a preliminary hearing to address issues of delay regarding the 2010 application and the removal of personal respondents from the 2009 application.

The Tribunal dismissed the 2010 application, finding that the applicant failed to file within the one-year limitation period and did not provide a good faith explanation for the delay.

Additionally, the Tribunal removed the personal respondents from the 2009 application, applying the Persaud factors and finding no compelling reason to continue the proceeding against them personally.