Jessica Eisen

The applicant, a racialized woman, alleged discrimination in employment by the respondent on the basis of sex, race, colour, ancestry, place of origin, and ethnic origin.

She claimed she was subjected to differential treatment, including a heavier workload, removal of files, excessive scrutiny, and racially insensitive comments by her supervisor, which ultimately led to her resignation.

The Tribunal found that the applicant failed to establish a prima facie case of discrimination, as there was no evidence that her sex or race were factors in the respondent's actions.

The application was dismissed.

The moving party employer sought leave to appeal a conviction under the Occupational Health and Safety Act for failing to provide a signaller when a worker was injured by a reversing truck.

The employer argued that the regulation only applied if the vehicle was engaged as material handling equipment and challenged the regulation as unconstitutionally overbroad.

The Court of Appeal granted leave to appeal, finding that the proper interpretation of the legislative provision raised issues essential to the public interest in workplace safety.