The applicant filed a human rights complaint alleging discrimination on the basis of disability and family status regarding the medical treatment and death of her infant daughter.
Prior to filing the human rights complaint, the applicant commenced a civil action in negligence and professional malpractice against the same respondents based on the same factual allegations.
The Tribunal found that the civil claim was sufficiently broad to encompass a claim of a Code violation.
Consequently, the Tribunal dismissed the human rights application as barred by section 34(11) of the Human Rights Code, which prevents duplicate proceedings.
