The applicants sought judicial review of a Human Rights Tribunal of Ontario decision finding that the individual applicant sexually harassed the respondent by exposing himself to her on two occasions.
The Divisional Court dismissed the application, finding that the Tribunal's factual findings were rational and grounded in evidence, its consideration of male/female power dynamics was appropriate, its conclusion that the respondent was an employee was consistent with jurisprudence, and its damages award was reasonable and entitled to deference.