The Ontario Government moved to dismiss or stay a human rights action brought by a self-represented Crown lawyer alleging workplace discrimination and harassment based on race and gender.
The Crown argued that the plaintiff was bound by a collective agreement containing mandatory arbitration provisions.
The court dismissed the motion on two grounds: first, the plaintiff was not a unionized employee and therefore the Weber doctrine did not deprive the court of jurisdiction; and second, the Crown failed to establish on the evidence that the plaintiff was a party to the collective agreement.
The court also found that portions of the plaintiff's claim alleging systemic institutional racism fell outside the scope of the arbitration agreement's subject matter jurisdiction, even if the agreement were binding.
