The applicant filed a human rights application alleging workplace discrimination by his former employer, the LCBO.
The LCBO sought early dismissal on the grounds that the applicant had signed a Full and Final Release upon accepting a separation package in 2006, and that the application was filed beyond the one-year limitation period.
The Tribunal found that the applicant voluntarily accepted the settlement and Release, and that economic pressure or time constraints did not amount to duress.
Furthermore, the Tribunal held that the applicant failed to provide a reasonable explanation for the nearly three-year delay in filing the application.
The application was dismissed as an abuse of process and for being out of time.