The applicants sought judicial review of a Human Rights Tribunal of Ontario decision finding they discriminated against three Muslim employees by requiring them to taste pork, failing to accommodate religious holidays, and engaging in reprisals.
The applicants argued the Tribunal made unreasonable findings of fact, erred in its treatment of s. 45.1 of the Human Rights Code, and improperly ignored unsworn willsay statements.
The Divisional Court dismissed the application, holding that the Tribunal's fact-finding was reasonable, the s. 45.1 argument was not raised before the Tribunal, and willsay statements of uncalled witnesses are not evidence.