M. Elizabeth Keenan

The applicant requested an adjournment of scheduled summary and preliminary hearings, citing a recently scheduled medical appointment.

The respondents opposed the request, noting the absence of medical documentation indicating an inability to proceed and the long-standing notice of the hearing date.

The Tribunal denied the adjournment, finding no exceptional circumstances, as the applicant could have avoided the scheduling conflict and the hearing was scheduled to conclude before the medical appointment.

The respondents requested the removal of the personal respondent from a human rights application alleging harassment and discrimination.

The Tribunal applied the Persaud factors and found that there was an issue as to whether the corporate respondent would be vicariously liable for the alleged harassment under s. 46.3(1) of the Human Rights Code.

The Tribunal concluded that a remedy might be sought against the personal respondent even if the corporate respondent acknowledged vicarious liability, and therefore denied the request to remove him.

The applicant requested an adjournment of a preliminary hearing due to a medical condition, which the Tribunal denied for lack of sufficient medical documentation.

The Tribunal also dismissed the applicant's requests for production and particulars as premature.

The Tribunal directed that the preliminary hearing would address whether a personal respondent should be removed, whether a new application falls outside the Tribunal's jurisdiction, and whether the applicant should be declared a vexatious litigant.