The Ontario Divisional Court confirmed in Gill v. Human Rights Tribunal of Ontario, 2014 ONSC 1840 that there was no need for the Human Rights Tribunal to conduct a full hearing into a human rights complaint that had no reasonable possibility of success based on the Board’s prior jurisprudence.
The applicant alleged that he had suffered age discrimination when he was forced to retire from his position as a suppression firefighter at age 60 in accordance with a mandatory retirement provision in the collective agreement governing his employment. Tribunal jurisprudence involving a different municipality had upheld the collective agreement provision as a bona fide occupational qualification based upon the risk of cardiac events for firefighters some 14 months prior to the applicant’s enforced retirement. That decision concluded that mandatory retirement was reasonably necessary to ensure the health and safety of firefighters and that accommodation of individual firefighters would result in undue hardship.
The Tribunal was justified in following its summary hearing procedure to dismiss this application where the applicant had failed to demonstrate, at a level beyond speculation, that the result in his case would differ from the prior result.