Kevin D. MacNeill

The appellant employer appealed a trial judgment finding that it wrongfully dismissed the respondent employee.

The employee had forged his supervisor's signature on a letter regarding severance pay for a subordinate.

The trial judge applied the principle of proportionality, concluding the forgery was an isolated error in judgment rather than a fundamental breach of trust justifying dismissal.

The Court of Appeal dismissed the appeal, finding no error in the trial judge's appreciation of the evidence or application of the law.

The appellant filed a human rights complaint alleging disability discrimination by his former employer.

The Ontario Human Rights Commission decided not to refer the complaint to a board of inquiry under s. 36 of the Human Rights Code because the employer had made an adequate settlement offer, which the appellant refused.

The Divisional Court dismissed the appellant's application for judicial review.

On appeal, the Court of Appeal held that the Commission was entitled to consider the settlement offer, which was not privileged against the Commission, and that the Commission's decision was not patently unreasonable.

The appeal was dismissed.