Can a significant temporal break between two incidents be considered to be separate incidents in a series under s. 34(1)(b) of the HRTO?
Ontario, Canada
The following excerpt is from Kilpatrick v. Ontario (Attorney General), 2016 HRTO 1142 (CanLII):
Though I accept that there is no rigid one year rule for the purposes of s. 34(1)(b), I do agree that a significant temporal break can mean two incidents are not part of a “series”. Whether or not there is a series may largely depend on the relationship between the incidents. In Yardley v. McMaster University, 2016 HRTO 490, I noted that being given a notice of termination and the enforcement of that termination might be found to be two incidents in a series even when separated by a period of two years. Though I found that the actual determination of that issue should not be made in the absence of evidence, the connection between the two incidents was sufficiently close that their connection should not be dismissed prior to a hearing on the merits.
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