The applicant sought judicial review of a Human Rights Tribunal of Ontario decision dismissing her application for disability-based discrimination.
The applicant alleged she was terminated after disclosing her bipolar disorder and requesting accommodations.
The Divisional Court found that the Tribunal breached procedural fairness by allowing the respondent employer to file a second, more detailed witness statement during the hearing without permitting the applicant to cross-examine the witness on the discrepancies between his two statements.
The application for judicial review was granted and the matter remitted to a differently constituted panel of the Tribunal for a new hearing.
