3 total
Deferred human rights application reactivated following completion of related labour arbitration.
The applicant filed a request to reactivate a human rights application that had been deferred pending the completion of a related labour arbitration.
The respondents opposed the reactivation and requested that the application be dismissed under section 45.1 of the Human Rights Code, arguing the substance was dealt with at arbitration.
The Tribunal found the arbitration was concluded and ordered the application reactivated, directing the respondents to file their responses and any reply regarding the dismissal request.
Human rights application deferred pending conclusion of overlapping grievance arbitration process.
The corporate respondent requested to defer the human rights application pending the conclusion of an ongoing grievance arbitration process.
The applicant opposed the deferral, arguing it was requested in bad faith and that the arbitration would not address the human rights allegations.
The Tribunal found substantial overlap between the facts and allegations in both proceedings and deferred the application to avoid concurrent proceedings and contrary findings, noting that grievance arbitrators have the responsibility to enforce human rights statutes.
Application for certiorari to intervene in ongoing Human Rights Tribunal hearing dismissed as premature.
The applicants sought an order in the nature of certiorari to intervene in an ongoing Ontario Human Rights Tribunal hearing regarding the implementation of remedial orders for workplace discrimination.
The Divisional Court dismissed the application as premature, reiterating that courts should not intervene in ongoing administrative proceedings absent unusual circumstances.
The court found no such circumstances, noting the applicants' interests were aligned with the Ministry, which was already a party, and emphasizing the chaotic consequences of granting party standing to every non-party whose conduct is raised in evidence.
