forum-shopping

The Human Rights Tribunal says “no” to forum shopping

November 6, 2012 Stringer LLP Employment/Labour Standards, Human Resources, Human Rights

It has been a year since the Supreme Court of Canada’s decision in British Columbia (Workers’ Compensation Board) v. Figliola (“Figliola”). In Figliola, the Supreme Court stated that human rights complaints should not be relitigated before a human rights tribunal when they have already been litigated before another tribunal, such as the workers’ compensation board (“WSIB”), or a labour arbitration tribunal.

employment law, employment standards act, Figliola test, forum-shopping, human rights complaints, human rights issues, human rights tribunal, judicial review, labour arbitration tribunal, Minister of Labour, proceeding, Supreme Court of Canada, the procedural or substantive correctness, Workers' Compensation Board

Human Rights Tribunal barred from hearing application: no forum-shopping allowed

February 3, 2012 Christina Catenacci Employment/Labour Standards, Human Resources, Human Rights

The Ontario Human Rights Tribunal recently examined an application before it and an earlier statement of claim made in court by the same person, and concluded that the claims were virtually identical. They were based on the same facts, made the same allegations and sought similar remedies…