Duncan Ross Burns-Shillington

The appellant, an international student eligible for a Post-Graduate Work Permit (PGWP), was offered an entry-level engineering position by the respondent employer.

The offer was conditional on proof of permanent eligibility to work in Canada (Canadian citizenship or permanent residency).

When the appellant disclosed he would be working on a PGWP, the employer withdrew the offer.

The Human Rights Tribunal of Ontario found the employer discriminated against the appellant on the basis of citizenship.

The Divisional Court set aside the tribunal's decision.

The Court of Appeal allowed the appeal and restored the tribunal's decision, holding that it was reasonable for the tribunal to find that a policy excluding PGWP-holders—who are legally entitled to work full-time in Canada—constitutes discrimination on the basis of citizenship, even if the policy excepts permanent residents.

Counsel for the corporate applicants brought a motion to be removed as counsel of record in an application for judicial review.

The applicants did not respond to the motion or attend the case conference.

The court granted the motion, finding no prejudice to the applicants or respondents, and ordered the applicants to address proper representation under Rule 15.01(2) within 30 days, failing which the application may be dismissed.

The parties attended before the Divisional Court to advise that a conditional resolution had been reached in the application for judicial review.

On consent, the court adjourned the application to the next available date, to proceed only if the resolution is not completed.

No costs were ordered for the attendance.

The South Asian Legal Clinic of Ontario and the Colour of Poverty/Colour of Change Network sought leave to intervene as friends of the court in an appeal concerning an employer's policy requiring permanent residency for job applicants, which was alleged to be discriminatory on the basis of citizenship.

The employer opposed the intervention, while the original applicant and tribunal took no position.

The court granted intervener status, finding that the appeal raised issues of public importance regarding the interpretation of human rights legislation and that the proposed interveners possessed expertise to offer a useful and distinct perspective on the Post-Graduation Work Permit program and partial discrimination.

The applicant employer sought judicial review of a Human Rights Tribunal of Ontario (HRTO) decision finding it had discriminated against a job applicant on the basis of citizenship.

The employer had rescinded a job offer after discovering the applicant, an international student, lied about being eligible to work permanently in Canada.

The Divisional Court quashed the HRTO's decision, holding that it was unreasonable to conflate 'permanent residence' with 'citizenship' to find direct discrimination under the Human Rights Code.

The court found that permanent residency is a separate status from citizenship, and the HRTO's expansion of the protected ground was not justified.

The applicant employer sought judicial review of the Ontario Labour Relations Board's decision dismissing its objection to the certification of a union.

The employer argued the union discriminated on the basis of age in its constitution and other collective agreements, violating s. 15 of the Labour Relations Act.

The Divisional Court dismissed the application, finding the Board's interpretation of s. 15 was reasonable and that procedural fairness was not breached when the Board dismissed the objection without an oral hearing.