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Request to dismiss human rights application under s. 45.1 denied; summary hearing ordered on jurisdiction and delay.
The applicant filed a human rights application alleging discrimination based on disability after the respondent denied his request for Direct Funding.
The respondent requested that the application be dismissed under s. 45.1 of the Human Rights Code, arguing the matter was dealt with in an appeal to the Health Services Appeal and Review Board (HSARB).
The Tribunal denied the request, finding that the HSARB appeal was withdrawn without a decision on the merits.
However, the Tribunal directed a summary and preliminary hearing to determine whether the application has no reasonable prospect of success as a challenge to a statutory benefits decision, and whether it is out of time under s. 34 of the Code.
