2 total
Tribunal declined to dismiss application for lack of jurisdiction as applicant alleged age and disability discrimination.
The respondents requested that the Application be dismissed for lack of jurisdiction, arguing the applicant's allegations of reprisal and workplace harassment were not linked to a prohibited ground under the Human Rights Code.
The applicant's written submissions clarified that the alleged harassment included criticisms of her mental capacity, weight, and age.
The Tribunal found these allegations could amount to discrimination on the basis of age, disability, or perceived disability, and therefore declined to dismiss the Application at this preliminary stage.
The matter was directed to proceed to mediation.
Motion to dismiss human rights application denied; applicant established prima facie case of racial discrimination.
The respondent school board brought a motion to dismiss an application alleging racial discrimination in a hiring process, arguing it failed to set out a prima facie case.
The Tribunal found that the applicant had surpassed the low threshold for establishing a prima facie case on the face of his complaint, which shifted the evidentiary burden to the respondent.
The Tribunal also denied the respondent's request to strike paragraphs from the applicant's statement of additional facts, accepting that they were intended as circumstantial evidence rather than new allegations.
The respondent's motions were denied and the matter was directed to proceed to a hearing on the merits.
