The applicant filed a human rights application alleging sex discrimination and sexual solicitation.
She subsequently commenced a civil action in the Superior Court of Justice encompassing the same allegations and seeking damages under the Human Rights Code.
The Tribunal held a preliminary hearing to determine if the application was barred by section 34(11) of the Code.
The Tribunal found that section 34(11) applies even when the civil action is commenced after the Tribunal application, and that the Tribunal has no discretion to stay rather than dismiss the application in these circumstances.
The application was dismissed.
