Ramlal v. Metro Ontario Inc.:

Question:How does the Human Rights Tribunal of Ontario apply Rule 19A to summary dismiss discrimination employment applications like Ramlal v. Metro Ontario Inc.?

Answer:For summary dismissal under Rule 19A in Ramlal v. Metro Ontario Inc., 2012 HRTO 790, Olson Craig Legal (lawyer & paralegals in Ontario) helps applicants understand the tribunal’s focus on whether there is a reasonable prospect of success based on more than allegations, including a clear link between the facts and the Human Rights Code grounds (race, colour, ancestry, place of origin, and ethnic origin) and enough cogent particulars and evidence to support a prima facie case.  If you are facing a Rule 19A motion or want to strengthen an HRTO employment discrimination filing, Olson Craig Legal can help you map the legal grounds to your evidence and next steps, call (226) 886-2001 in Ontario.

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The case of Ramlal v. Metro Ontario Inc., 2012 HRTO 790, as heard by the Human Rights Tribunal of Ontario involved allegations of discrimination in employment based upon race, colour, ancestry, place of origin, and ethnic origin.  The matter alleged violations of the Human Rights Code, R.S.O. 1990, c. H.19, and subsequently the Human Rights Tribunal of Ontario reviewed the matter per Rule 19A of the applicable Rules of Procedure, being the Summary Dismissal procedure.  The case is significant for understanding how the Human Rights Tribunal of Ontario evaluates and decides whether to dismiss a case when concerns for the lack of a reasonable prospect of success are raised.

Note: Please contact Olson Craig Legal by phone at: (226) 886-2001 to discuss any specific questions that you may have.

Concerns and Insights

Key general issues encountered in this case included:

• The Jurisdiction and Procedural Aspects:
  The authority of the Human Rights Tribunal of Ontario to summarily dismiss an Application is based upon Rule 19A when it is deemed that there is a lack of a reasonable prospect of success and thereby impacting upon how similar cases may be managed.
• The Reasonable Prospect of Success:
  The necessity for an Applicant to demonstrate a potential connection between the claims made and the grounds of discrimination outlined within the Human Rights Code.
• The Evidence Requirements:
  The challenges faced by an Applicant in providing sufficient evidence to support allegations beyond speculation and accusations.
• The Legal Strategies and Challenges: The handling of this case demonstrates that advocacy must focus on gathering and presenting concrete evidence connecting allegations to proscribed grounds under the Human Rights Code.
• The Strategic Approaches for Future Cases: Understanding the importance of preparing a robust evidentiary basis at the summary hearing stage, influenced by the tribunal's dismissal in this instance due to a lack of cogent particulars.

The official case judgment is available here: Ramlal v. Metro Ontario Inc., 2012 HRTO 790

Conclusion

The Ramlal decision emphasises the necessity for an Applicant to furnish a prima facie case with more than mere allegations or suspicions when facing a Summary Dismissal hearing.  The Human Rights Tribunal of Ontario use of Rule 19A in this context illustrates the importance of a viable legal strategy supported by evidence to substantiate allegations within claims brought for purported violations of the Human Rights Code.