Human Rights Tribunal of Ontario Dismisses Application Citing Lack of Cooperation and Wasting of Resources

Strategic Insights -

Shenae Bailey, a self-represented applicant, had alleged discrimination with respect to employment because of disability, sex (pregnancy), and family status. However, the Tribunal cites the respondent's failure to participate in the Case Management Conference Call, videoconference mediation, and merits hearing, as well as the applicant's lack of disclosure, as reasons for dismissing the application. This decision highlights the importance of cooperation and timely disclosure in resolving human rights applications.

Key Takeaways:

  • The Human Rights Tribunal of Ontario dismissed the application citing the respondent's failure to participate in the Case Management Conference Call, videoconference mediation, and merits hearing.
  • Both parties failed to meet their disclosure obligations as per the Tribunal's directions.
  • The Tribunal emphasizes the importance of cooperation and timely disclosure in resolving human rights applications.
  • The Divisional Court has described time before a tribunal as "a scarce public resource" and the Tribunal has a significant backlog of cases due to parties' cavalier attitude towards the conduct of human rights applications.
  • The Tribunal's Vice-chair, Anthony Michael Tamburro, notes that the parties' recalcitrance has wasted far too much of the Tribunal's time.

Statistics:

  • The Tribunal's Vice-chair, Anthony Michael Tamburro, spent two days conducting the merits hearing, which was scheduled to take place on January 23 and 24, 2024.
  • The Tribunal's officials have devoted a great deal of their time to processing the pleadings, notices, and correspondence, and to scheduling the CMCC, the mediation, and the hearing.
  • The number of days the Tribunal's Vice-chair spent familiarizing himself with the file in advance of the merits hearing is not specified.
  • The Tribunal's officials spent an unknown amount of time processing the pleadings, notices, and correspondence, and to scheduling the CMCC, the mediation, and the hearing.

Sources:

  • Human Rights Tribunal of Ontario, Decision, Shenae Bailey v. Bayshore Home Care - Integrated Care Solutions, 2024 HRTO 154.
  • Papouchine v. Touram LP d.b.a. Air Canada Vacations, 2022 ONSC 7010.
  • Gill v. Human Rights Tribunal of Ontario et al., 2014 ONSC 1840.