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Tribunal declines to dismiss human rights application on preliminary basis of judicial immunity.
The applicant, acting through the Public Guardian and Trustee, filed a human rights application alleging discrimination on the basis of disability and age.
The applicant sought retroactive benefits from the respondent Board to the date of her original 2001 application, which had been closed due to non-attendance at a medical appointment.
The respondent argued the application should be dismissed based on judicial immunity, as it challenged a statutory decision.
The Tribunal held it was not plain and obvious that the administrative requirement to file a second application was an adjudicative decision protected by judicial immunity, and allowed the application to proceed.
