3 total
Tribunal declines to dismiss human rights application where LTB previously ordered eviction of superintendent.
The applicant, a building superintendent, filed a human rights application alleging discrimination in employment, housing, and contracts after his employment was terminated for frustration of contract following a workplace assault.
The respondent sought to dismiss the application at a preliminary hearing, arguing the housing issues were already decided by the Landlord and Tenant Board (LTB) and the remaining allegations had no reasonable prospect of success.
The Tribunal dismissed the allegations regarding the 2014 contract renewal but allowed the remaining claims to proceed, finding that the LTB did not have jurisdiction to determine if the employment termination was discriminatory and that the frustration of contract issue required a full evidentiary hearing.
Human rights application dismissed as abuse of process due to binding settlement agreement.
The applicant filed a human rights application alleging failure to accommodate her disability and harassment.
The parties subsequently signed Minutes of Settlement resolving a related grievance.
The respondent sought to dismiss the human rights application as an abuse of process based on the settlement.
The Tribunal found that the settlement was intended to resolve all outstanding issues, including the human rights claims, and that the applicant failed to establish duress or lack of capacity to agree to the settlement.
The application was dismissed as an abuse of process.
Human rights application deferred pending completion of concurrent union grievance arbitration on same facts.
The applicant filed an application under the Human Rights Code alleging a failure to accommodate her workplace restrictions.
The respondent employer and union requested that the application be deferred because a union grievance based on the same facts and issues had already been referred to arbitration.
The Tribunal deferred the application pending the completion of the grievance process, noting that grievance arbitrators have the authority to enforce human rights obligations and that deferral is the Tribunal's normal approach in such circumstances.
