Karimi v. MTS Allstream Inc.

Karimi v. MTS Allstream Inc.

The motion to consolidate was granted because the files present continuous and connected factual allegations with overlapping witnesses and issues (including allegations under s.7 and related reprisal allegations under s.14.1), consolidation would materially reduce duplication and hearing time, and any risk of...

Source-derived case information.

Citation
2013 CHRT 4
Parties
Complainant: Ashraf Karimi; Commission: Canadian Human Rights Commission; Respondent: MTS Allstream Inc.
Court
Canadian Human Rights Tribunal
Jurisdiction
Canada
Judgment Date
7 February 2013
Procedural Posture
Human Rights Complaints (canadian Human Rights Tribunal) / Ruling on Motion to Consolidate (pre Hearing)
Outcome
Consolidation granted; single hearing ordered
Legal Topics
Consolidation of Proceedings, Failure to Accommodate, Discrimination, Reprisal/retaliation, Tribunal Procedure
Source Language
english
Human Rights Law Employment Law Administrative Law Disability Law Consolidation of Proceedings Failure to Accommodate Discrimination Reprisal/retaliation +1 more

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Parties

Ashraf Karimi

Complainant

Canadian Human Rights Commission

Commission

MTS Allstream Inc.

Respondent

Procedural Posture

Human Rights Complaints (canadian Human Rights Tribunal) / Ruling on Motion to Consolidate (pre Hearing)

Legal Issues

  1. 1 Whether the two Tribunal files should be consolidated into a single hearing
  2. 2 Whether consolidation would expand the scope of the first complaint and prejudice the respondent
  3. 3 Whether there are common issues of fact or law sufficient to justify consolidation

Ratio Decidendi

The motion to consolidate was granted because the files present continuous and connected factual allegations with overlapping witnesses and issues (including allegations under s.7 and related reprisal allegations under s.14.1), consolidation would materially reduce duplication and hearing time, and any risk of prejudice from perceived expansion of allegations can be managed through Statements of Particulars and pre-hearing safeguards; therefore a single hearing is appropriate and consistent with the Tribunal's procedural authority and duty to be expeditious.

Court Disposition

Consolidation granted; single hearing ordered

Orders

  • The Tribunal will conduct one hearing for Tribunal Files T1616/16210 and T1783/1312 covering both complaints