Andrea A. Cole

The applicant sought judicial review of a Human Rights Tribunal of Ontario decision that dismissed her discrimination complaint against her university and an arbitrator.

The applicant alleged that the arbitrator's report, which found her harassment allegations unfounded, was discriminatory and that the arbitrator lost adjudicative immunity.

The Divisional Court dismissed the application, finding it to be a duplicative and meritless attempt to relitigate previous findings, and upheld the HRTO's conclusions on reasonable prospect and adjudicative immunity.

The applicants sought judicial review of a Human Rights Tribunal of Ontario decision finding that the respondent employee's dismissal was discriminatory.

The Tribunal had found the employee was harassed and that his dismissal following a workplace fight was discriminatory because the fight was partly a reaction to the harassment.

The Divisional Court found the Tribunal's decision regarding the dismissal was unreasonable because it failed to properly assess whether the dismissal was discriminatory, lacked an evidentiary basis linking the employee's depression to the fight, and failed to establish a prima facie case of discrimination before finding a duty to investigate.

The application for judicial review was granted, the dismissal finding and remedy were set aside, and the matter was remitted to the Tribunal.

The applicant sought judicial review of a Human Rights Tribunal of Ontario decision dismissing his discrimination complaint against the Toronto Transit Commission for being out of time.

The Tribunal found the applicant knew of the alleged discriminatory acts by 1994, despite his claim of discovering them in 2010, and thus the delay was not in good faith.

The Divisional Court dismissed the application, finding no denial of natural justice in the Tribunal's use of a written hearing for a jurisdictional issue, and holding that the Tribunal's decisions on timeliness and reconsideration were reasonable.