Human Rights Tribunal can refuse to accept complaints for filing if facts do not allege, beyond the realm of conjecture, a contravention of the Code

20. April 2021 0
Administrative law – Decisions reviewed – Human Rights Tribunal – Judicial review – Jurisdiction – Compliance with legislation – Standard of review – Patent unreasonableness – Human rights complaints – Private clubs – Age – Gender – Race – Harassment Gichuru v. Vancouver Swing Society, [2021] B.C.J. No. 440, 2021 BCCA 103, British Columbia Court ...

Addressing the doctrine of legitimate expectations in the context of an investigation and report into a harassment complaint, the Court found the applicant had a legitimate expectation based on a representation made and that this was never fulfilled; the matter was remitted back for reconsideration

17. April 2018 0
Administrative law – Decisions reviewed – Human rights complaints – Harassment – Judicial review – Procedural requirements and fairness – Standard of review – Unreasonableness – Natural justice Gareau v. Canada (Attorney General), [2018] F.C.J. No. 135, 2018 FC 157, Federal Court, February 9, 2018, A.M. McDonald J. The applicant, Paul Gareau, was the Deputy ...

The Ontario Superior Court of Justice, Divisional Court, confirmed that employees have an evidentiary onus to prove a prima facie case of discrimination before the burden shifts to the employer to provide a credible and rational explanation that its actions were not discriminatory

27. August 2013 0
Administrative law – Decisions of administrative tribunals – Human Rights Tribunal – Human rights complaints – Discrimination – Harassment – Disability – Sexual orientation – Hearings – Judicial review – Evidence Walton Enterprises v. Lombardi, [2013] O.J. No. 3306, 2013 ONSC 4218, Ontario Superior Court of Justice, July 11, 2013, A.M. Molloy, K.E. Swinton and ...

The Applicant University sought judicial review of the Saskatchewan Human Rights Commission decision which rejected the University’s application to have Ms. Peng’s complaint dismissed. The Court dismissed the application for judicial review.

23. July 2013 0
Administrative law – Decisions of administrative tribunals – Human Rights Commission – Human Rights – Discrimination – Harassment – Investigations – Labour relations – Universities – Judicial review application – Premature – Estoppel and res judicata – Standard of review – Reasonableness simpliciter University of Saskatchewan v. Peng, [2013] S.J. No. 327, 2013 SKQB 188, ...

The Appellant, Campbell, initiated an unsuccessful human rights complaint on the basis that her employer, the Canada Revenue Agency (“the CRA”), had discriminated against her on the basis of her disability

23. February 2010 0
Administrative law – Decisions of administrative tribunals – Human Rights Commission – Human rights complaints – Discrimination – Disability – Harassment – Investigations – Judicial review – Procedural requirements and fairness Campbell v. Canada (Attorney General), [2009] F.C.J. No. 1603, 2009 FC 1252, Federal Court, December 8, 2009, Harrington J. Campbell suffered from back pain ...

The appeal by the University of Saskatchewan (the “University”) from an interim arbitration award was allowed where the court found that the probation imposed on a medical resident by the College of Medicine following harassment complaints was academic in nature and not subject to the grievance procedure

24. February 2009 0
Administrative law – Decisions of administrative tribunals – College of Medicine – Universities – Medical residents – Student discipline – Harassment – Labour law – Arbitration – Collective agreements – Judicial review – Jurisdiction – Procedural requirements and fairness – Standard of review – Correctness University of Saskatchewan v. Wilde, [2008] S.J. No. 814, Saskatchewan ...

The University applied for judicial review of an interim award of an arbitration panel which had found that a grievance brought by the Respondent, a medical resident, was arbitrable pursuant to the collective bargaining agreement. The University challenged the jurisdiction of the arbitration panel on the ground that the issue was academic in nature and thus not arbitrable. The application was dismissed.

27. May 2008 0
Administrative law – Decisions of administrative tribunals – Arbitration Board – Universities – Student discipline – Medical residents – Harassment – Judicial review – Labour law – Collective agreements – Arbitration – Jurisdiction of labour arbitrator to hear disciplinary grievances University of Saskatchewan v. Wilde, [2007] S.J. No. 736, Saskatchewan Court of Queen’s Bench, October ...

A physician (“Cimolai”) appealed from an Order dismissing his petition attempting to prohibit Children’s and Women’s Health Centre (“the Hospital”) from (1) proceeding under its human rights policy to investigate complaints against him made by another physician,(2) requiring the Hospital to reinstate him and (3) requiring them to pay him all of his lost benefits during the period of suspension in 2001

22. January 2008 0
Administrative law – Physicians and surgeons – Hospital privileges – Judicial review – Remedies – Alternative remedies – Human rights complaints – Harassment – Investigations – Procedural requirements and fairness – Report, adequacy of Cimolai v. Children’s and Women’s Health Centre of British Columbia, [2007] B.C.J. No. 2473, British Columbia Court of Appeal, November 22, ...