Andrew Lynes

The applicant union sought judicial review of an arbitrator's decision regarding a workplace investigation into an incident between a Black grievor and a white colleague.

While the arbitrator found the investigation procedurally flawed, he dismissed the claim that it was tainted by anti-Black racism or unconscious bias.

The Divisional Court granted the application, finding that the proper articulation of the test for prima facie discrimination is a question of central importance subject to a correctness standard of review.

The court held that the arbitrator misapprehended the test by requiring racism to be the 'dominant possibility' and by misapplying the shifting evidential burdens.

The discrimination claim was remitted to the arbitrator.

The applicant failed to contact court staff to arrange a case management teleconference by the court-ordered deadline.

As a result, the application was dismissed as abandoned, without costs.

The self-represented applicant sought to have her application heard on an urgent basis but refused to attend a mandatory case management teleconference, insisting on a panel of three judges.

Due to her failure to attend the scheduled teleconference, the court stayed the application pending further order, with a warning that it may be dismissed if she does not arrange a fresh teleconference by a specified date.