Successfully Defended: Human Rights Tribunal Application Dismissed
Our legal team successfully defended a client in a Human Rights Tribunal of Ontario (HRTO) application alleging discrimination and reprisal based on disability and family status. The Applicant and our client are family members, and the Applicant was employed by our client at one time.
The Applicant alleged that our client had improperly reported her income on a tax document as an act of reprisal, made negative statements about the Applicant during a family court proceeding, and engaged in conduct that affected family relationships.
We brought forward a request to dismiss the application and our submissions identified two key legal issues:
We argued that statements made by our client during the family court proceeding were protected by 'absolute privilege' and not within the jurisdiction of the HRTO.
We challenged the allegations of reprisal and discrimination by showing that the application did not provide sufficient facts connecting our client's alleged conduct of improperly reporting her income to a protected ground under the Human Rights Code.
The HRTO accepted these arguments and dismissed the application.
This case demonstrates the importance of carefully assessing an HRTO claim at the outset. A successful defence may turn on whether the claim meets the legal requirements necessary for the HRTO to hear it.
Citation: Streisslberger v. Office of the Children’s Lawyer, 2026 HRTO 560 (CanLII), <https://canlii.ca/t/kkgf5>
*This is not legal advice. If you are considering bringing an Application (Claim) at the Human Rights Tribunal of Ontario, or need to provide a Response (defense) against an Application, call us at: 289-270-7243
