The respondent requested deferral of the human rights application pending the applicant's appeal to the Workplace Safety and Insurance Appeals Tribunal (WSIAT) and challenges to Workplace Safety and Insurance Board (WSIB) decisions.
The Tribunal denied the deferral request, finding that the WSIAT appeal regarding the quantum of a Non-Economic Loss award and the WSIB challenges regarding physiotherapy and computer training did not have a direct bearing on whether the respondent accommodated the applicant up to the point of undue hardship.
The Tribunal concluded there was no risk of overlapping or conflicting decisions.