5 total
Substantial indemnity costs of $38,969.21 awarded to successful defendants following summary judgment dismissal.
Following the successful dismissal of the plaintiff's action on a motion for summary judgment, the defendants, the University of Sudbury and Pierre Zundel, sought costs.
The defendants had previously advised the plaintiff that he had no right to sue and had served an offer to settle for a dismissal without costs, which was not accepted.
The court awarded the defendants substantial indemnity costs in the amount of $38,969.21, finding the amount reasonable and proportionate.
Appeal dismissed; minor living with grandmother who stood in loco parentis ineligible for Ontario Works.
The appellant, a minor, appealed a decision of the Social Benefits Tribunal denying her income support under the Ontario Works Act.
The Tribunal found that the appellant's grandmother, with whom she lived, met the definition of a 'parent' because she demonstrated a settled intention to treat the appellant as a child of her family.
The Tribunal also found no special circumstances existed to justify assistance.
The Divisional Court held that the Tribunal's findings were reasonable and supported by the evidence, and dismissed the appeal.
Tribunal dismisses preliminary objections regarding special program defense and timeliness in transit pass discrimination claim.
The applicant filed a human rights application alleging discrimination on the basis of disability regarding the respondent's 'Special' transit pass, which he claimed publicly identified him as a person with a disability in receipt of social assistance.
The respondent raised preliminary issues, arguing the pass was a protected special program under s. 14 of the Human Rights Code and that the application was untimely.
The Tribunal dismissed the special program defense, finding the application challenged the program's implementation rather than its existence.
The Tribunal also found the application timely, as each issuance of the pass constituted an incident in a series.
The applicant's request for particulars was denied as premature.
Tribunal resolves preliminary motions on adding personal respondents and directs housing discrimination applications to full hearing.
The applicants filed human rights applications against a housing cooperative and individuals, alleging discrimination in housing based on race, creed, marital status, and reprisal.
At a summary hearing, the Tribunal considered requests to add and remove various personal respondents and to amend the applications.
The Tribunal declined to add the Board of Directors or its individual members, as the corporate respondent accepted vicarious liability.
The Tribunal added the Coopérative Coordinator as a personal respondent to one application due to allegations of harassment, which attract personal liability.
The Tribunal allowed unopposed amendments to the applications and concluded that the applications had a reasonable prospect of success, directing them to a full hearing on the merits.
Human rights application alleging discrimination based on language and disability dismissed for no reasonable prospect of success.
The applicant, a grocery store employee, filed a human rights application alleging discrimination based on ancestry and ethnic origin after she was removed from cash register duties due to her inability to speak French.
She later sought to amend her application to include a claim of discrimination based on disability, alleging a failure to accommodate a previous workplace injury.
The Tribunal granted the request to amend but dismissed the entire application following a summary hearing.
The Tribunal found no reasonable prospect of success, as language is not a protected ground and there was no evidence it was used as a proxy for ancestry or place of origin.
Furthermore, there was no evidence the applicant requested accommodation for her disability or provided medical documentation supporting her restrictions.