Mitchell Rose

The respondent employer requested that the Tribunal defer the human rights application because the applicant had commenced a civil action against her long-term disability insurer.

The Tribunal denied the request, finding minimal overlap between the proceedings.

The civil action involved different parties and distinct legal issues regarding disability benefits eligibility, whereas the human rights application focused on allegations of discrimination, failure to accommodate, and reprisal by the employer.

The appellants appealed a motion judge's decision dismissing their motion to set aside a default judgment and writ of possession.

The appellants failed to provide a plausible explanation for their delay in moving to set aside the judgment.

The Court of Appeal rejected an attempt to introduce fresh evidence regarding an alleged forbearance agreement, finding it would fail the Palmer test as the evidence was available at the time of the original motion.

The appeal was dismissed with costs awarded to the respondent.

The appellant garnishee appealed two related Small Claims Court decisions regarding garnishment of debts owed to two debtors.

In the Ali matter, the Divisional Court dismissed the appeal, finding that the garnishee's representative had acknowledged the debt during informal proceedings, supporting the trial judge's implicit finding.

In the Seepersaud matter, the court allowed the appeal and remitted the matter for a rehearing, as there was no evidentiary basis or acknowledgement of a debt by the garnishee.