In an email sent to the parties on July 23, 2026, Member Marchildon advised that, following his resignation, Member Lustig did not believe it appropriate to have any further involvement in the case, including reviewing or signing the detailed reasons for the Ontario Final Agreement (OFA) decision. Member Marchildon proposed to complete the reasons herself, noting that the OFA had been fully adjudicated and jointly decided by both panel members before the resignation. She invited submissions by August 4, 2026 on whether the parties consented to this approach, with any objections supported by relevant case law and considered through a human rights and administrative law lens.

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