Veronica A. Kenny

The respondents requested an order to dismiss the human rights application on the grounds that the Tribunal lacked jurisdiction, arguing that the WSIB has exclusive jurisdiction over matters arising under the Workplace Safety and Insurance Act.

The applicant alleged discrimination based on disability regarding accommodation in a Labour Market Re-entry program.

The Tribunal denied the request, finding it was not plain and obvious that it lacked jurisdiction, as the provision of the program and benefits may constitute 'services' under the Human Rights Code.

The applicant requested reconsideration of a Tribunal decision that dismissed his human rights application for being filed outside the one-year time limit.

The applicant argued that the respondents deliberately caused his disability to frustrate his ability to file on time and that he was misunderstood at the preliminary hearing.

The Tribunal denied the request, finding that the applicant failed to raise any new determinative facts, adduce inconsistent jurisprudence, or establish that the delay was incurred in good faith due to disability-related incapacity.

The applicant filed a human rights application alleging discrimination by the WSIB and its employees on the basis of disability and creed in the handling of his Labour Market Re-entry program and benefits.

The respondents brought a request to dismiss the application for lack of jurisdiction.

The Tribunal found that the actions complained of, including the denial of accommodation and bereavement leave, fell within the WSIB's adjudicative functions.

As purely adjudicative functions do not constitute a 'service' under the Human Rights Code, the Tribunal lacked jurisdiction and dismissed the application.

The applicant filed a human rights application alleging discrimination in employment on the basis of disability.

The respondents requested that the application be dismissed because it was filed beyond the one-year time limit prescribed in section 34 of the Human Rights Code.

The Tribunal found that the last incident occurred more than a year before the application was filed and that the applicant failed to demonstrate that the delay was incurred in good faith.

The application was dismissed.