Mathew Mihailovich

The applicant filed a human rights application alleging discrimination in employment on the basis of disability and age.

The respondents requested that the application be dismissed because it was filed more than one year after the last alleged incident of discrimination.

The applicant argued that the delay was in good faith because he had initially pursued the matter through an Employment Standards complaint.

The Tribunal found that while this explained part of the delay, it did not explain the subsequent delay between receiving the Employment Standards decision and filing the human rights application.

The application was dismissed for being out of time.

The applicant filed a human rights application alleging failure to accommodate her work-related back injury and discriminatory termination.

The respondents sought to defer the application because the applicant had an ongoing claim before the Workplace Safety and Insurance Board (WSIB) Appeals Resolution Officer regarding the same injury and return-to-work issues.

The Tribunal found a substantial overlap between the issues in the two proceedings, particularly regarding the nature of the disability and accommodation.

The Tribunal ordered the application deferred until the WSIB Appeals Resolution Officer issues a final decision.