Erin Porter

The plaintiff in a wrongful dismissal action sought to examine for discovery the co-worker whose sexual harassment complaint led to his termination.

The defendant hospital moved under Rule 31.03(2) to substitute a human resources manager as its discovery representative, or alternatively, for the examination to proceed by written questions.

The court dismissed the motion, finding the co-worker had direct knowledge of the critical issue of whether the harassment occurred, and the defendant failed to show that examining the co-worker would be oppressive or that the plaintiff's choice should be displaced.

The applicant sought judicial review of a Human Rights Tribunal of Ontario (HRTO) decision that awarded her $5,000 for discrimination.

The applicant argued the award was unreasonable because it did not compensate her for lost wages akin to a wrongful dismissal claim.

The Divisional Court dismissed the application, holding that the HRTO's award was based on a procedural failing in the duty to accommodate and was distinct from common law wrongful dismissal damages.

Applying the reasonableness standard of review, the court found the HRTO's decision fell within the range of possible, acceptable, and defensible outcomes.