Gluckstein Lawyers Moves Successfully to have Frivolous Ontario Human Rights Claim thrown out at Preliminary Motion

The Human Rights Tribunal of Ontario (HRTO) resolves claims of harassment and discrimination under the Human Rights Code, first through mediation, then a hearing. This process allows individuals who may have been discriminated against or harassed to present their narrative and evidence, and also gives the accused an opportunity to defend against the allegation.

Case example

Ms. Rosalie Pratt filed an action against Tay Township Public Library Board and the Corporation of the Township of Tay on the grounds that she had been discriminated against based on her race, ethnicity and disability.

A summary hearing was held on September 1, 2015 by The Human Rights Tribunal of Ontario to determine whether Ms. Pratt's case had a reasonable prospect of succeeding or should be dismissed. Mr. Steve Rastin served as counsel for the respondents.

The HRTO adjudicator dismissed Ms. Pratt's Application for a number of reasons. Ms. Pratt failed to provide evidence that the actions against her were based on discrimination. Several of her statements were contradictory, particularly with regard to her accusation of discrimination due to her ethnicity and race.

With respect to her claim of discrimination for her hearing impairment, Ms. Pratt missed the one year deadline defined in the Human Rights Code for making her claim to the tribunal. She also failed to prove any connection between her disability claim and the accusation of racial discrimination. Finally, Ms. Pratt did not participate in meetings which her employers proposed to address her concerns and disability issue.

Steve Rastin's representation was successful in vindicating the respondents of the charges in this human rights action.

Additional details for this case can be read on the Gluckstein Lawyers news blog.

With broad expertise and experience in human rights litigation, Gluckstein Lawyers can defend your rights if you have been harassed or discriminated against, or if you were unfairly accused.