In response to the Yukon Human Rights Board of Adjudication’s (“the Board”) decision to dismiss V.C. v Yukon Government, Department of Justice, Whitehorse Correctional Centre, the Complainant made an application to set aside the decision to dismiss the complaint. In a supporting written statement, the Complainant expressed his commitment to proceeding with his complaint and to participating in the hearing processes. He stated that he suffers from Attention Deficit Hyperactivity Disorder (ADHD), which results in him struggling to focus and remember appointments. He also stated that he had developed ways to ensure that he would remember and show up to meetings.

The Respondent did not oppose the Complainant’s application but emphasized that if the dismissal of the complaint were to be set aside, there should be conditions placed on the Complainant.

Ultimately, the Board decided to set aside the decision to dismiss the complaint, subject to the following terms:

  • The Complainant must comply with all procedural rules, including dates set for hearing, applications or case conferences
  • If the Complainants fails to comply with time limits or appear at hearings without providing a reasonable explanation, the complaint may be dismissed.

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