Taylor Ransom

The respondent College of Nurses of Ontario brought a Request for an Order During Proceedings seeking to have its motion to dismiss heard at the outset of the hearing, or alternatively to bifurcate the liability phase, and to strike certain witness statements.

The Tribunal denied the requests for a summary hearing and bifurcation, finding them to be attempts to re-litigate previously decided issues.

The Tribunal granted the request to exclude certain witness evidence during the liability phase, as the proposed evidence related to remedial issues such as the impact of the alleged discrimination on the applicant's career and finances.

The applicant filed a human rights application alleging that the College of Nurses of Ontario's registration process discriminates against applicants with disabilities.

The Ontario Nurses Association (ONA) requested intervenor status, arguing it has an interest in the outcome as it represents nurses and the applicant was a member.

The respondents opposed the request, arguing ONA's participation would cause delay and duplication, as ONA and the applicant share the same legal counsel.

The Tribunal granted ONA intervenor status but limited its participation to making written and oral submissions following the completion of evidence, finding that broader participatory rights would unnecessarily lengthen and complicate the hearing.

The respondent College of Nurses of Ontario requested an order to bifurcate the hearing into three phases, separating the allegations against the College from those against Ontario, and separating liability from remedy.

The applicant opposed the request, arguing the issues were intertwined.

The Tribunal found that the liability issues against both respondents were intertwined and should be heard together to avoid duplicating evidence.

However, given the complex and unusual remedies sought, the Tribunal ordered the hearing bifurcated into two stages: liability first, followed by remedy if necessary.