Martin A. Smith

The applicant filed a human rights application alleging discrimination based on a record of offences and reprisal.

The respondents requested that the application be dismissed in part due to a prior settlement and deferred in part due to ongoing grievance arbitrations.

The Tribunal found that the portion of the application relating to discipline for refusing to disclose criminal charges had been settled in a grievance process, and dismissed it as an abuse of process.

The Tribunal deferred the remaining allegations, which were the subject of ongoing grievances, pending the completion of the arbitration process.

The respondent filed a Request for Order During Proceedings to amend its Response to correct the date of an alleged incident from April 2004 to April 2001.

The applicant did not respond to the request.

The Tribunal granted the request to amend the Response, noting no submissions regarding prejudice were received.

The applicant filed a human rights application alleging discrimination in employment and other areas on multiple grounds.

In this interim decision, the Tribunal addressed procedural issues including the timeliness of certain allegations and the deferral of matters subject to grievance arbitration.

The Tribunal ordered the applicant to provide specific dates and particulars for several allegations, including the names of clients involved, to allow the respondent to properly respond.

The Tribunal also deferred portions of the application that overlapped with pending grievances, on consent of the parties.