3 total
Human rights application dismissed; police apprehension was based on credible suicide risk, not stereotypes.
The applicant alleged that the respondent police service discriminated against her on the basis of disability when officers apprehended her at her home and took her to a hospital for a mental health assessment.
The police attended following a 911 call from the applicant's daughter, who reported that the applicant was suicidal and had sent text messages asking to be put out of her misery.
The Tribunal found that while the applicant experienced significant distress, the officers acted on credible information and observations indicating a risk of suicide, rather than on discriminatory stereotypes about mental illness.
The application was dismissed.
Summary judgment granted where plaintiff relied on speculation and invalid restrictive covenants.
The defendants brought a motion for summary judgment seeking dismissal of a claim alleging breach of restrictive covenants, fiduciary duties, and misuse of confidential information after a former employee joined a competitor.
The court held that the employee did not occupy a fiduciary role and that the non‑competition and non‑solicitation clauses in the employment agreement were unenforceable due to overbreadth and ambiguity.
The plaintiff failed to produce evidence supporting allegations that confidential information had been misused and sought discovery in the hope of uncovering evidence.
Applying the culture shift in summary judgment analysis articulated in Hryniak v. Mauldin, the court held that requiring discovery would amount to an impermissible fishing expedition and that the matter could be fairly determined on the existing record.
Summary judgment was granted and the action dismissed.
Summary hearing motion to dismiss human rights application denied; matter requires evidence to resolve.
The applicant filed a human rights application alleging discrimination with respect to services because of disability, claiming the respondent police service treated her as if she had a mental illness during interactions since 2006.
The Tribunal held a summary hearing to determine if the application had no reasonable prospect of success or should be dismissed for delay.
The Tribunal found that, accepting the applicant's allegations as true, the application had a reasonable prospect of success and required evidence to resolve.
The Tribunal directed the respondent to file a response to the most recent alleged incident.
