December 24, 2024
Erazo v. Ontario (Ministry of Community and Social Services), 2024 ONSC 7181
An application filed in 2019 based on race and related grounds was dismissed in 2023 on the basis that there was no reasonable prospect of success,
The Court found that the HRTO misapplied its own caselaw and rules in dismissing the Application. The HRTO was found to have unfairly denied Mr. Erazo the opportunity to make submissions about the evidence that would be available to him at a hearing. The Court also held that the Tribunal failed to consider even the evidence set out in detail in the Application itself when determining that there was no reasonable prospect of success.