In 2011, the Supreme Court of Canada released its decision in British Columbia (Workers’ Compensation Board) v Figliola. The Figliola decision addressed the issue of the relitigation by human rights tribunals of issues already addressed in other proceedings.
Since the Supreme Court decision in British Columbia (Workers’ Compensation Board) v. Figliola (“Figliola”), the Human Rights Tribunal of Ontario (the “Tribunal”) has taken a more narrow approach to its jurisdiction to hear applications where another tribunal has dealt with the same or similar issues. However, recent case law suggests that the Tribunal is moving away from the more narrow Interpretation of its jurisdiction that was laid out in Figliola.
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