Craig A. Flood

The applicant sought judicial review of a Grievance Settlement Board decision dismissing a grievance that sought to hold the employer vicariously liable for a fellow employee's tort of intrusion upon seclusion.

The fellow employee had used the employer's equipment to access the grievor's Employment Insurance records.

The Divisional Court held that the applicable standard of review was reasonableness.

Applying the principles from Bazley v Curry, the court found the Tribunal's conclusion that the wrongful act was not sufficiently related to conduct authorized by the employer to be reasonable.

The application for judicial review was dismissed.

The applicant filed a human rights application alleging discrimination in employment on the basis of disability, claiming she was laid off after taking a medical leave.

In this interim decision, the Tribunal addressed several preliminary requests.

On consent, a personally named respondent was removed from the application.

The applicant's union was granted intervenor status.

The respondent's request for a summary hearing was denied because there was a central factual dispute regarding the timing of the decision to lay off the applicant.

The respondent's request to dismiss the application under section 45.1 of the Code or as an abuse of process was deferred until after the parties attempt mediation.

The applicant Ministry sought judicial review of a Grievance Settlement Board decision reinstating a Transportation Enforcement Officer who was terminated after pleading guilty to off-duty indecent acts.

The Divisional Court allowed the application and upheld the termination, finding that the Board's decision was unreasonable.

The Board misapprehended medical evidence regarding the employee's long-term risk of reoffending and unreasonably diminished the significance of the Millhaven criteria for off-duty conduct, particularly the negative impact on the employee's credibility as a peace officer required to testify in court.