A. F. Bayefsky

The respondents brought a motion for costs under s. 41(4) of the Human Rights Code after the complainant's sexual harassment complaint was dismissed due to her failure to testify.

The respondents argued the complaint was trivial, vexatious, made in bad faith, and caused undue hardship.

The Board of Inquiry dismissed the motion, finding that the complaint was not trivial or vexatious, the related criminal acquittal did not establish bad faith, and the respondents failed to prove undue hardship resulting from the human rights process.

The complainant alleged sexual harassment against the respondents.

After several adjournments and scheduling issues, the complainant failed to attend the scheduled hearing and left the country without providing contact information or a return date.

The Ontario Human Rights Commission requested an adjournment sine die, as it could not call evidence without the complainant.

The Board of Inquiry denied the adjournment and dismissed the complaint, noting the respondent had waited over five years for a resolution and the Board had jurisdiction to proceed in the complainant's absence under section 7 of the Statutory Powers Procedure Act.

The complainant, a part-time restaurant employee, alleged that her employer sexually harassed her, made unwelcome sexual advances, and terminated her employment when she threatened to report his behaviour to his wife.

The Board of Inquiry found the employer's testimony lacked credibility and accepted the complainant's evidence, supported by other former employees.

The Board concluded the employer engaged in a vexatious course of conduct, made unwelcome sexual advances, and fired the complainant for failing to tolerate the harassment, violating the Ontario Human Rights Code.

The employer was ordered to pay damages for lost wages and mental anguish, and to issue a letter of apology.

Following a finding that the complainant was discriminated against on the basis of place of origin when refused employment as a security guard, the Board of Inquiry determined the quantum of damages.

The Board awarded $879.38 for lost wages based on a seven-week period of full-time employment, plus $379.19 in pre-judgment interest, in addition to the previously ordered $300 for mental anguish.

The complainant, a landed immigrant from Guyana, applied for a security guard position with the respondent company.

He was required to complete an application form asking for his nationality, place of birth, and complexion, and was asked during an interview to produce his landed immigrant papers.

The respondent ultimately refused to hire him, citing overqualification, anticipated delays in obtaining a security guard licence due to his non-citizen status, and transportation issues.

The Board of Inquiry found that the application form and oral inquiries violated the Ontario Human Rights Code.

Furthermore, the Board concluded that the complainant's place of origin and citizenship were proximate causes in the refusal to hire, constituting discrimination.

The respondent was ordered to pay $300 for mental anguish and issue a letter of apology.