KPA Lawyers – April 17, 2019
It’s almost reminiscent of an old internet meme.
On March 22nd, 2019, the Human Rights Tribunal of Ontario decided the case of Gallagher v. Human Rights Tribunal of Ontario.
Before we say anything further, it should probably be noted that neither KPA Lawyers nor any of our employees had anything to do with this case.
The Applicant, John Gallagher, alleged that he was subjected to discrimination by a Tribunal adjudicator because of disability and a failure to properly accommodate his disabilities in the course another lawsuit he filed at the Tribunal concerning an unrelated matter.
He even emailed the Tribunal stating that he should not to be required to make any written arguments and to be permitted to address any issues at an in-person hearing only. He did file medical documents in support of his request, except his medical documents did not actually indicate any such requirement. The Tribunal stated, “it is not apparent… why the Applicantâ€™s disability renders him incapable to adequately responding…in writing, which I note he has already done”.
The Tribunal concluded, “it is plain and obvious to me that this Application raises allegations that are protected by judicial or adjudicative immunity, and is therefore outside of this Tribunalâ€™s jurisdiction.”