5 total
Appeal allowed and consent for private access easement granted based on parties' settlement.
The appellant appealed the municipality's refusal to approve a consent application for an easement over a private access driveway serving four waterfront lots.
Prior to the hearing, the parties and a local road committee reached a settlement.
Based on uncontested expert planning evidence, the Tribunal found the proposed consent consistent with the Provincial Policy Statement and in conformity with the Official Plan, as the existing private road location was more appropriate for the topography than the originally planned route.
The appeal was allowed and provisional consent granted subject to the conditions in the settlement.
Board apportioned property assessment, classifying entire detached garage as commercial based on unchallenged municipal submissions.
The Township of Prince appealed the property assessment for 326 Ironside Drive.
In a previous interim decision, the Board found a portion of the property was in the commercial property class.
The Township submitted that the entire detached garage should be classified as commercial and provided apportionment values for the 2012, 2013, and 2014 taxation years.
As the other parties did not challenge these values, the Board accepted the Township's submissions and apportioned the property assessment accordingly.
Human rights application dismissed as an abuse of process due to a valid full and final release.
The applicant filed a human rights application alleging discrimination in employment on the basis of disability and age following her termination.
The respondent requested the application be dismissed because the applicant had signed a full and final release.
The applicant argued the release should be set aside due to economic duress and misrepresentation.
The Tribunal found that financial pressure alone does not constitute economic duress and that the respondent did not make any false representations regarding the business reasons for her termination.
The Tribunal concluded that proceeding with the application would be an abuse of process and dismissed the application.
Tribunal directed production of complete job evaluation documents to determine validity of amended pay equity plan.
The Municipality of Wawa applied to the Pay Equity Hearings Tribunal to set aside a Review Officer's order that invalidated its 2006 amended pay equity plan.
The Tribunal heard partial evidence regarding whether changed circumstances justified the 2006 plan and whether the new plan detrimentally impacted employees.
Finding it lacked sufficient evidence to determine the potential detrimental impacts and the proper valuation of a specific job class, the Tribunal directed the Municipality to produce complete job descriptions and evaluation documents and referred the matter to the Registrar to schedule further hearing dates.
Request to dismiss application under section 45.1 denied as WSIB proceedings did not address accommodation.
The respondent requested the dismissal of the human rights application under section 45.1 of the Human Rights Code, arguing that the substance of the application—whether the respondent could have accommodated the applicant's permanent medical restrictions in 2003—had been appropriately dealt with in WSIB proceedings.
The Tribunal dismissed the request, finding that the WSIAT decision relied upon by the respondent only determined the re-employment obligation and did not address the accommodation issue.
