The respondent requested an order to dismiss the human rights application under section 45.1 of the Human Rights Code, arguing that the Workplace Safety and Insurance Board (WSIB) had already fully determined the issue of available work and accommodation.
The applicant opposed the request, asserting the WSIB did not deal with the substance of the discrimination claim.
The Tribunal noted the application raised significant issues regarding the interpretation of section 45.1 in light of the Supreme Court's decision in Figliola, and scheduled a preliminary hearing to hear oral submissions on the issue.
