2 total
No proven link to prohibited grounds meant the discrimination appeals failed.
The Court clarified the two-step framework for proving discrimination under s. 10 of the Quebec Charter and held that prima facie discrimination must be proven on a balance of probabilities.
It found insufficient evidence connecting the U.S. security-clearance refusal to Mr. Latif’s ethnic or national origin, making the tribunal’s finding unreasonable.
Both appeals were dismissed, with costs as ordered.
Displacement certification applications dismissed as untimely due to ongoing interest arbitration under the HLDAA.
The applicant union filed displacement applications for certification at two hospitals.
The intervener union objected that the applications were untimely under the Labour Relations Act and the Hospital Labour Disputes Arbitration Act (HLDAA).
The Board found that because the interest arbitration process under the HLDAA had commenced and the resulting collective agreements were either not yet finalized or finalized within 90 days of the two-year statutory period, the open periods were delayed by operation of section 10(12) of the HLDAA.
Consequently, the applications were dismissed as untimely.
The Board declined the intervener's request to impose a bar on future applications by the applicant.
