Wong v. Ottawa Board of Education (No. 4), 1998 CanLII 29792

Wong v. Ottawa Board of Education (No. 4)

BI-0096-92

1998-03-23

BOARD OF INQUIRY (Human Rights Code)

IN THE MATTER OF the Ontario Human Rights Code, R.S.O. 1990, c. H.19, as amended;

AND IN THE MATTER OF the complaints by Anthony Wong dated July 6, 1989, alleging discrimination in employment on the basis of race, ethnic origin and harassment.

BETWEEN:

Ontario Human Rights Commission

• and -

Anthony Wong

Complainant

• and -

Ottawa Board of Education (now known as Ottawa-Carleton District School Board) and Alan Wotherspoon

Respondents

DECISION ON DAMAGES

Adjudicator: Professor H. A. Hubbard

Date: March 23, 1998

Board File No.: BI-0096-92

Decision No.: 98-008-D

Before: H. Albert Hubbard Chairperson, Board of Inquiry

Hearing: Ottawa, Ontario March 16, 1998

Appearances:

Anthony Wong

For the Ontario Human Rights Commission: Naomi Overend

For the Respondents: Russel Zinn

1On July 6, 1989, the complainant filed with the Ontario Human Rights Commission (the Commission) Complaint No. 40-892E, alleging discrimination and harassment in employment on the basis of his race and ethnic origin by the Ottawa Board of Education and Alan Wotherspoon. That complaint was heard by me at various dates between June 22, 1993, and May 2, 1994. Having found (inter alia) that the "OBE transfer directive is vague, confusing and discriminatory on its face and ... not a special programme within the meaning of s.14(1) of the Code", in my decision of August 9, 1994 [reported 1994 CanLII 18418 (ON HRT), 23 C.H.R.R. D/41], I reached the following conclusion and made the following order:

For all the above reasons I have concluded that the respondents, the Ottawa Board of Education and Mr. Allan Wotherspoon, are jointly and severally liable to the complainant, Mr. Anthony Wong, for the infringement of his right under Part I of the Code, namely, the right to equal treatment in employment without discrimination because of his race or ethnic origin.

It having been agreed by the parties and approved by this board of inquiry that evidence with respect to the issue of remedies not be led prior to a finding with respect to liability, it is hereby ordered that within one month of the date hereof the parties provide for the approval of this board their written agreement with respect to the issue of remedies. If the parties are unable to reach such an agreement within that period of time the hearing shall reconvene as soon as possible thereafter to hear such further evidence and submissions as may be needed to reach a decision regarding that matter.

2The parties having been unable to agree on the issue of remedies, the hearing into this matter was resumed on March 16, 1998, at which time I was informed that, pursuant to an Act of the Legislature of the Province of Ontario, the Ottawa Board of Education and the Carleton Board of Education were amalgamated under the name Ottawa-Carleton District School Board, that the Ottawa Board of Education has ceased to exist, and that the obligations of the Ottawa Board of Education have been assumed by the Ottawa-Carleton District School Board, the trustees of which are currently reviewing the policies and procedures that were carried over from the amalgamating school boards.

3After hearing the parties, and with their understanding and agreement with its substance (and in particular as to the quantum of general damages), I hereby make the following further order, compliance with which shall constitute a final resolution of all issues of remedy between them arising out of my decision herein of August 9, 1994:

1. The Ottawa-Carleton District School Board shall pay to the complainant the sum of ten thousand dollars ($10,000) in general damages.

2. The Ottawa-Carleton District School Board shall review its transfer procedures and policies to ensure compliance with the Human Rights Code of Ontario and submit a revision thereof to the Commission and the complainant for review and approval on or before October 1, 1998.

3. I shall remain seized of this matter pending notification that there has been full compliance with this order.