McMillan Successfully Defends Kubota Against Application Before the Human Rights Tribunal of Ontario

In December 2023, McMillan concluded its representation of Kubota Canada Ltd. (“Kubota”) (OTCM: KUBTY) against a claim before the Human Rights Tribunal of Ontario (“HRTO”).

McMillan successfully defended Kubota against a $200,000 claim alleging reprisal and discrimination based on disability. McMillan was able to have the application dismissed due to the self-represented applicant’s failure to comply with the HRTO directions and deadlines for properly filing his documents and witness statements.

Kubota is a tractor and heavy equipment manufacturer, including a complete line of tractors of up to 200 Gross HP, performance-matched implements, compact construction, commercial turf and landscaping products, utility vehicles and consumer lawn and garden equipment.

Jeffrey Simpson and Ioana Pantis acted on behalf of McMillan in its representation of Kubota in Georgiou v Kubota Canada Ltd., 2024 HRTO 39. This decision is notable because it is rare for the HRTO to dismiss an application entirely without granting an additional opportunity for a self-represented applicant to comply with the HRTO’s Rules of Procedure. The decision strictly holds self-represented applicants to the Rules of Procedure, providing greater certainty to employers and a more efficient use of HRTO resources.

McMillan’s Employment and Labour Group successfully represents Canadian businesses across all industries and advises on all aspects of provincial and federal employment law. McMillan’s employment, labour relations, executive compensation and business immigration specialists are here to help management navigate these complex legal frameworks. We provide responsive, real-time advice in alignment with business goals, such as attracting and retaining talent, avoiding workplace disputes and maintaining labour relations peace. With recognized expertise in a wide array of situations, from hiring, termination and employee privacy to collective agreement negotiations and even acting as spokespersons for management, our client teams help ensure that our clients can continue to successfully run their business with the personnel they need.