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Figliola

By Stringer LLP | 2 Minutes Read December 3, 2014

Back to basics: HRTO follows Figliola and refuses to allow relitigation of WSIB claim

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.

Article by Stringer LLP / Health and Safety, Human Rights / accommodation and human rights issues, Disability, employment law, Figliola, human rights claim, human rights tribunals, Penner v Niagara Police Services, Post v Stevens Resource Group and the Workplace Safety and Insurance Board, relitigation of WSIB claim, the complaint did not preclude the civil action, workplace compensation

By Stringer LLP | 2 Minutes Read September 10, 2013

Ontario Human Rights Tribunal opening the door to duplicative litigation?

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.

Article by Stringer LLP / Human Rights, Payroll / canadian employment law, civil action, Claybourn, disciplinary hearing, disciplinary process, duplicative litigation, employment law, Figliola, forum-shopping, human rights code, human rights issues, Human Rights Tribunal of Ontario, legal issue, multiplicity of litigation, Ontario Human Rights Tribunal, parallel civil proceedings, Penner, personal remedy, section 45.1, Supreme Court decision

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