The Ontario Human Rights Commission sought judicial review of a Human Rights Tribunal of Ontario decision.
The Tribunal had found that an employee was subjected to a poisoned work environment based on sex and was terminated contrary to the Human Rights Code.
However, the Tribunal only ordered the inoperative corporate employer to pay damages, declining to hold the individual managers and owners jointly and severally liable.
The Divisional Court held that the Tribunal's failure to provide a rational basis for not imposing personal liability on the managers, who had failed to address the poisoned environment and had terminated the employee, was unreasonable.
The matter was remitted to the Tribunal to reconsider the apportionment of joint and several liability.
