Margaret Best

The applicant filed an unfair labour practice complaint alleging the union breached its duty of fair representation by encouraging him to resign in July 1999.

The application was filed almost two years later, in June 2001.

The applicant argued the delay was due to depression and financial constraints.

The Board exercised its discretion to dismiss the application, finding that a delay of almost two years was unjustified, not adequately explained by the applicant's medical or financial circumstances, and highly prejudicial to the union and the employer.

The respondents brought a motion to adjourn the hearing of a human rights complaint after failing to provide the unrepresented complainant with disclosure of witness statements.

The complainant sought time to retain independent legal counsel.

Despite concerns over the protracted delays in the proceedings, the adjudicator granted the adjournment to ensure the complainant's right to full participation and cross-examination, warning that no further adjournments would be permitted for this purpose.

The complainant, a foreign-trained medical doctor, alleged discrimination on the basis of age, place of origin, and ethnic origin after being terminated from an unfunded residency program in ophthalmology at the University of Toronto.

The Board of Inquiry found that the admissions process for funded positions was competitive and non-discriminatory.

The complainant was offered an unfunded position as an act of compassion but ultimately failed his examinations on multiple occasions.

The Board concluded that the complainant was evaluated fairly and dismissed the complaint, finding no evidence of unlawful discrimination.