Edward P. Belobaba

The appellant sought a declaration of possessory title over disputed land used as a parking area for twenty years.

The land had been continuously leased during that period except for the last eight years.

The Supreme Court of Canada agreed with the Ontario Court of Appeal that the limitation period against the owner commenced only when the tenancies terminated.

The appeal was dismissed, and the respondents' claim to recover possession was not barred by the Limitations Act.

The appellant, a Sikh employee, was dismissed for refusing to wear a hard hat as required by a company safety rule, because his religion forbade wearing anything other than a turban.

The Canadian Human Rights Tribunal found the employer engaged in a discriminatory practice and ordered reinstatement.

The Federal Court of Appeal set aside that decision.

The Supreme Court of Canada dismissed the appeal, holding that the hard hat rule was a bona fide occupational requirement under s. 14(a) of the Canadian Human Rights Act.

The Court found that where a bona fide occupational requirement is established, there is no duty to accommodate the individual employee.