Ongena v. Transport Canada

Ongena v. Transport Canada

The Tribunal will enforce strict, time‑limited disclosure and evidence deadlines to ensure fair and expeditious resolution; the Respondent must provide detailed will‑say statements for non‑expert witnesses and complete expert reports within the ordered timelines, and extensions will only be granted for exceptional circumstances with a detailed, promptly filed application.

Citation
2025 CHRT 62
Parties
Complainant: Micheal Ongena; Respondent: Transport Canada
Court
Canadian Human Rights Tribunal
Jurisdiction
Canada
Judgment Date
18 June 2025
Procedural Posture
Human Rights Complaint Under the Canadian Human Rights Act Alleging Disability Discrimination / Case Management / Pre Hearing Scheduling; Hearing Scheduled for December 8–12, 2025
Outcome
Case management ruling: directions and strict deadlines imposed; hearing scheduled.
Legal Topics
Genetic Characteristics, Disability Discrimination, Disclosure Obligations, Case Management and Scheduling, Procedural Fairness
Source Language
English
Human Rights Disability Law Administrative Law Aviation Regulation Genetic Characteristics Disability Discrimination Disclosure Obligations Case Management and Scheduling +1 more

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Parties

Micheal Ongena

Complainant

Transport Canada

Respondent

Procedural Posture

Human Rights Complaint Under the Canadian Human Rights Act Alleging Disability Discrimination / Case Management / Pre Hearing Scheduling; Hearing Scheduled for December 8–12, 2025

Legal Issues

  1. 1 Whether the Respondent complied with disclosure and statement of particulars deadlines
  2. 2 Adequacy of witness will-say statements and document disclosure under Rule 20
  3. 3 Appropriate scheduling and timeline for expert reports and hearing

Ratio Decidendi

The Tribunal will enforce strict, time‑limited disclosure and evidence deadlines to ensure fair and expeditious resolution; the Respondent must provide detailed will‑say statements for non‑expert witnesses and complete expert reports within the ordered timelines, and extensions will only be granted for exceptional circumstances with a detailed, promptly filed application.

Court Disposition

Case management ruling: directions and strict deadlines imposed; hearing scheduled.

Orders

  • Respondent to provide a DETAILED will‑say summary of anticipated testimony of each non‑expert witness by June 30, 2025
  • Complainant to file expert report by June 30, 2025