2 total
Human rights application dismissed summarily; hotel's call to police was based on safety concerns, not discrimination.
The applicant, acting through her litigation guardian, alleged that the respondent hotel discriminated against her on the basis of disability (autism) when the hotel owner called the police and Children's Aid Society and threatened eviction.
The Tribunal held a summary hearing to determine if the application had a reasonable prospect of success.
Assuming the applicant's allegations were true, the Tribunal found that the respondent's actions were prompted by the parents leaving the applicant alone in the hotel without notifying staff, rather than an unwillingness to accommodate her disability.
The application was dismissed for having no reasonable prospect of success.
Appeal allowed and action for defective shingles dismissed as statute-barred due to the discoverability rule.
The appellant manufacturer appealed a Small Claims Court judgment awarding the respondent damages for defective roofing shingles.
The appellant argued the action was statute-barred under the Limitations Act, 2002.
The Divisional Court agreed, finding that the respondent knew or ought to have known the identity of the manufacturer more than two years before commencing the action, based on correspondence from his insurer and a product colour guide in his possession.
The appeal was allowed and the action dismissed.
