M. Fricot

The respondent requested particulars and early production of documents prior to filing its Response to a human rights application alleging discrimination in employment.

The Tribunal denied the request, finding that the application contained sufficient information for the respondent to identify the alleged facts and legal issues and file a Response.

The request for early production of documents was denied as premature, as there were no exceptional circumstances justifying departure from the standard disclosure rules.

The applicant filed a human rights application alleging discrimination in employment.

The Tribunal issued a Notice of Intent to Defer pending a proceeding before the Canadian Industrial Relations Board involving the respondent.

The applicant opposed deferral, while the respondent supported it, citing a jurisdictional dispute.

The Tribunal found insufficient grounds to justify deferral, as the CIRB proceeding did not involve the applicant or the subject matter of her complaint, and the federal Commission had already declined jurisdiction based on a recent Supreme Court of Canada decision.

The Notice of Intent to Defer was set aside.

The applicant filed human rights applications against his former employer, the City of Thunder Bay, and his union, CUPE Local 87, alleging failure to accommodate a disability and discriminatory refusal to pursue a grievance.

The Tribunal held a conference call to address the timeliness of the application against the City, which was filed more than one year after the last alleged discriminatory event.

The Tribunal found that the application was out of time, the alleged reprisal was not a continuing event, and there was no good faith explanation for the delay.

The application against the City was dismissed, and the applicant was directed to advise if he wished to pursue the timely application against the union.