The respondent requested that the human rights application be dismissed under section 45.1 of the Human Rights Code, arguing the matter was dealt with in a WSIB proceeding, or alternatively deferred pending a WSIAT appeal.
The Tribunal found that the WSIB decision only addressed whether a work-related accident occurred, which did not overlap sufficiently with the Code issues.
The Tribunal denied the request to dismiss or defer, ordered the matter to proceed to mediation, and directed the applicant to provide an update on the WSIAT appeal.
