Sharon Chilcott

The applicant alleged discrimination on the basis of disability and race by her employer, the WSIB, and a WSIB return to work specialist during a return to work meeting.

The Tribunal held a summary hearing on its own initiative to determine if the Application had no reasonable prospect of success.

The Tribunal found that the applicant had pointed to some evidence that could demonstrate a link between the events and the prohibited grounds, and that the employer may have had a duty to accommodate the applicant during the meeting.

The Tribunal concluded there was a reasonable prospect of success and directed the respondents to file their Responses.

The applicant brought a Request for Order During Proceedings seeking the recusal of the adjudicator for alleged bias, a stay of the summary hearing pending a civil action, and the striking of certain documents.

The adjudicator denied the recusal request, finding no reasonable apprehension of bias in her procedural directions or review of filed materials.

The request for a stay was also denied because the civil action involved a personal injury claim unrelated to the discrimination allegations.

The summary hearing was ordered to proceed as scheduled.

The applicant filed a human rights application alleging discrimination during a return to work meeting.

The Tribunal directed a summary hearing to determine if the application should be dismissed for having no reasonable prospect of success.

After the initial teleconference was adjourned due to missing materials, the applicant requested a lengthy delay to reschedule the hearing between July and December 2012 to accommodate his representative's medical surgery.

Despite concerns from the respondents about the delay, the Tribunal granted the accommodation and ordered the summary hearing to be scheduled after June 30, 2012.