Schulz (on behalf of Bernard Schulz) v. Employment and Social Development Canada

Schulz (on behalf of Bernard Schulz) v. Employment and Social Development Canada

The Tribunal granted a limited abeyance until April 14, 2023 because a time‑limited deferral is in the interests of justice: it avoids duplicative proceedings, respects the complainant's access to justice given limited resources, and the complainant committed to proceed in only one forum or withdraw the Tribunal...

Source-derived case information.

Citation
2022 CHRT 33
Parties
Complainant: Katheryne Schulz (on behalf of Bernard Schulz); Commission: Canadian Human Rights Commission; Respondent: Employment and Social Development Canada
Court
Canadian Human Rights Tribunal
Jurisdiction
Canada
Judgment Date
14 October 2022
Procedural Posture
Human Rights Complaint (administrative) / Ruling on Abeyance Request / Deferral Order
Outcome
Abeyance granted until April 14, 2023
Legal Topics
Age Discrimination, Registered Disability Savings Plan, Abeyance, Jurisdiction, Access to Justice
Source Language
english
Human Rights Law Administrative Law Constitutional Law Social Benefits Law Age Discrimination Registered Disability Savings Plan Abeyance Jurisdiction +1 more

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Parties

Katheryne Schulz (on behalf of Bernard Schulz)

Complainant

Canadian Human Rights Commission

Commission

Employment and Social Development Canada

Respondent

Procedural Posture

Human Rights Complaint (administrative) / Ruling on Abeyance Request / Deferral Order

Legal Issues

  1. 1 Whether the Tribunal should grant a time‑limited abeyance to permit the complainant to seek funding for a court challenge
  2. 2 Whether the Tribunal may adjudicate a challenge to statutory age limits in the Income Tax Act and related Regulations
  3. 3 Whether granting an abeyance is in the interests of justice and avoids multiplicity of proceedings

Ratio Decidendi

The Tribunal granted a limited abeyance until April 14, 2023 because a time‑limited deferral is in the interests of justice: it avoids duplicative proceedings, respects the complainant's access to justice given limited resources, and the complainant committed to proceed in only one forum or withdraw the Tribunal complaint if funded, thereby addressing concerns about indefinite delay and jurisdictional overlap.

Court Disposition

Abeyance granted until April 14, 2023

Orders

  • Complaint deferred until April 14, 2023 or until earlier date on which the complainant determines the outcome of his funding application
  • Complainant must immediately advise the parties and the Tribunal when he receives an answer on his funding application