- May 12, 2021
- Human Rights Decisions
Background
This Interim Decision is in relation to a request from the Applicant for an Order During Proceedings (“RFOP”) in the Application in HRTO file number 2011-10223-I. The Applicant alleges that the Responding Parties discriminated against her in employment, contracts and in membership in a vocational association based on disability and sex. She also alleges reprisal or threat of reprisal. In an earlier interim decision, the Tribunal deferred the instant Application pending the Tribunal’s determination of an overlapping proceeding.
The RFOP Request
In the RFOP, the Applicant requests:
- The HRTO extend the one-year limitation period, because she alleges that IATSE has delayed in responding to the Applicant’s appeals;
- She alleges new allegations of reprisal and wishes to amend her Application to include the new allegations; and
- Requests as an interim remedy that the HRTO set out ground rules to avoid on-going intimidation and further reprisals.
The Decision
Request to Extend the Time Limit
The HRTO held that it may only relieve against the limitation period if it is satisfied that the delay is in good faith. This requires that the Tribunal consider all relevant information including the actual delay and all of the reasons for it. The Tribunal held that these issues cannot be analyzed prospectively and therefore the Tribunal did not extend the time limit at this juncture.
Request to Amend the Application
The HRTO held that it is not appropriate to determine this request as the Application is deferred. However, the HRTO noted that this request may be considered if the Application is reactivated.
Request for Interim Remedy
The HRTO declined to grant any interim remedy. In so doing, the Tribunal noted that at this time, it is difficult to assess whether the application has any merit. Additionally, it held that the balance of harm or convenience does not favor awarding the interim remedy as it may not be appropriate for the Tribunal to set broad rules governing various aspects of the relationship between the Applicant, the Respondents and 3rd parties especially since such rules would have broad consequences for the parties and other players.