Dr. D.J. Torney

The applicant alleged discrimination on the basis of disability and association after being denied a Sessional Adjunct Instructor position at the respondent university.

The Tribunal found that the applicant had a learning disability, but there was insufficient evidence that the hiring committee was aware of it.

The Tribunal rejected the traditional three-step circumstantial evidence test in favour of a one-step test, ultimately finding that the respondent provided credible, non-discriminatory reasons for hiring another candidate who was more qualified.

The allegations of discrimination by association and reprisal were also dismissed.

In an ongoing human rights hearing regarding alleged discrimination based on disability, the unrepresented applicant sought to introduce a 15-year-old psychological report diagnosing him with a learning disability.

The report was filed late and the authoring psychologist was unavailable to testify.

The respondent objected to its admission on the grounds of prejudice, hearsay, and relevance.

The Tribunal admitted the report into evidence, finding that the fair and just result was to allow it given the applicant's unrepresented status and potential disability-related memory issues, while noting that the respondent's concerns could be addressed in assessing the weight of the evidence.