Wendy Kady

Two respondents in a human rights complaint regarding the failure to provide Rear Window Captioning technology in movie theatres brought a motion to add a competitor as a respondent to the combined proceedings.

The competitor initially opposed the motion but subsequently withdrew its opposition and consented to being added.

The Tribunal granted the motion, finding it appropriate to add the competitor so that key participants in the film industry could meet the allegations of discrimination together.

The Tribunal also set a schedule for pleadings and directed the parties to mediation.

The respondent movie theatre chain brought a motion to adjourn the combined hearing of three human rights complaints regarding the lack of captioning in theatres.

The respondent argued the hearing should be delayed until new, related complaints filed by one of the complainants against other major theatre chains were referred to the Tribunal, to ensure an industry-wide resolution.

The complainants and the Commission opposed the adjournment, citing prejudice from delay.

The Tribunal granted the adjournment, finding that proceeding without the other major exhibitors could lead to a multiplicity of proceedings and unfairness, and noted that the complainant herself had generated some of the delay by filing new complaints.

The Tribunal also removed two personal respondents on consent.

The complainants, who are deaf, alleged that the respondent movie theatre chain failed to provide captioning services.

The respondent brought motions to combine the complaints, adjourn the hearing, and postpone its disclosure obligations, while one complainant brought a motion to amend his complaint to add an allegation of reprisal based on an e-mail sent by the respondent to advocacy groups.

The Tribunal granted the respondent's motions, noting the likelihood of related complaints being referred to the Tribunal.

The Tribunal dismissed the motion to amend the complaint, finding that the e-mail did not name the complainant and constituted lobbying rather than a reprisal within the meaning of section 8 of the Human Rights Code.

In the remedial phase of a human rights complaint regarding wheelchair accessibility at Famous Players theatres, the Tribunal considered whether to lift a non-admittance policy for wheelchair users at the Uptown theatre pending its closure.

The Tribunal found it was functus officio regarding ordering interim renovations or extending the closure date.

However, the Tribunal ruled that the blanket ban on manual wheelchair users was an unjustified safety measure.

The Tribunal ordered the ban revoked subject to specific conditions, including limiting the number of wheelchair users per auditorium and requiring an implementation plan, while maintaining the ban for power wheelchairs and scooters due to evacuation risks.

The complainant, a wheelchair user, alleged that the respondents operated inaccessible motion picture theatres, violating his rights under the Human Rights Code.

The respondents acknowledged the breach of the complainant's rights, noting that the theatre in question had been closed.

The Board of Inquiry issued a consent order declaring the infringement, prohibiting the future operation or subletting of the theatre, and awarding the complainant $6,000 in general damages.

The applicant union sought certification for three groups of employees, submitting authorization cards as evidence of employee support.

The employer argued the cards merely expressed a desire for representation and did not constitute 'membership' or an 'application for membership' as required by the Labour Relations Act.

The Ontario Labour Relations Board reviewed the statutory history, including the impact of Bill 40, and concluded that the legislative changes did not alter the fundamental requirement for actual membership or an application for membership.

Finding that the authorization cards did not meet this standard, and refusing to admit oral evidence to cure the documentary defect, the Board dismissed the certification applications.