Human Rights Tribunal of Ontario Denies Request for Reconsideration in Ovwodorume v. Vita Community Living Services

Strategic Insights -

The Human Rights Tribunal of Ontario has issued a reconsideration decision in the case of Ovwodorume v. Vita Community Living Services, dismissing the applicant's request for a review of the original decision dated July 2, 2024. Prince Ovwodorume, the applicant, alleged discrimination and reprisal with respect to employment because of disability under the Human Rights Code. The Tribunal's decision was based on a lack of reasonable prospect of success.

Key Takeaways:

  • The Human Rights Tribunal of Ontario denied the applicant's request for reconsideration of the original decision, citing a lack of evidence to support the claim of discrimination and reprisal due to disability.
  • The applicant sought reconsideration under Rule 26.5 of the Tribunal's Rules, but failed to meet the burden of establishing new facts or evidence that could potentially be determinative of the case.
  • The Tribunal considered the applicant's submissions on the relevance of COVID-19 workplace policies to the case, but found that they were not new facts or evidence that could not reasonably have been obtained earlier.
  • The decision also cited the Supreme Court of Canada case of Baker v. Canada (Minister of Citizenship and Immigration) 2002 2 SCR 247, but found that the applicant's argument was not supported by the facts.
  • The Tribunal's decision was fact-driven and did not involve a matter of general or public importance.
  • The original decision stands as issued, and the applicant's request for reconsideration is denied.

Statistics:

  • The Human Rights Tribunal of Ontario received 2021-45917-I as the file number for the case.
  • The original decision was issued on July 2, 2024 (2024 HRTO 917).
  • The reconsideration decision was issued on July 26, 2024 (2024 HRTO 1048).
  • The Tribunal considered multiple sources, including the Supreme Court of Canada case of Baker v. Canada (Minister of Citizenship and Immigration) 2002 2 SCR 247.

Sources:

  • HUMAN RIGHTS TRIBUNAL OF ONTARIO Prince Ovwodorume Applicant -and- Vita Community Living Services and Mens Sana Families for Mental Health, and Rosa Silvana Respondents
  • 2022 HRTO 1024
  • Baker v. Canada (Minister of Citizenship and Immigration) 2002 2 SCR 247
  • Latronico v. York Region District School Board, 2012 HRTO 637
  • 4137566 Canada Ltd. v. Clements, 2011 HRTO 1008
  • Venables v. Glen White Industries Ltd., 2018 HRTO 503