Antonella Ceddia

The City of Toronto sought judicial review of two interim decisions by the Human Rights Tribunal of Ontario, which had rejected the City's request for early dismissal of a human rights application challenging municipal zoning by-laws regarding group homes.

The Divisional Court dismissed the application for judicial review, finding that the Tribunal's decision to defer the jurisdictional challenge until a full evidentiary record was established was reasonable.

The Court also held that the application for judicial review was premature, as there were no exceptional circumstances warranting intervention in the Tribunal's interim procedural decisions.

The appellants, a police officer and the Chief of Police, appealed a Divisional Court decision upholding a Human Rights Tribunal of Ontario finding that the officer discriminated against a Black mail carrier.

The officer stopped and questioned the mail carrier while on patrol in an affluent neighbourhood.

The Court of Appeal dismissed the appeal, finding that the Tribunal reasonably applied the prima facie test for discrimination, correctly placed the onus on the complainant, and properly considered the unique statutory duties of police officers.

The Divisional Court heard three applications for judicial review of decisions by the Human Rights Tribunal of Ontario.

The Tribunal had found that a Toronto police officer discriminated against a Black mail carrier on the basis of race when he stopped and questioned him in an affluent neighbourhood.

The Tribunal also found the Toronto Police Services Board jointly and severally liable for the officer's conduct and awarded $10,000 in damages.

The officers and the Board sought judicial review of the liability and remedy decisions, while the complainant sought increased damages and systemic remedies.

The majority of the Divisional Court dismissed all three applications, finding that the Tribunal's conclusion that race was a factor in the stop was reasonable and supported by the evidence.

The Court also upheld the finding that the Board was liable as the officer's employer under the Human Rights Code.

A dissenting judge would have set aside the liability decision, finding the Tribunal's analysis fundamentally flawed.

The Divisional Court heard three applications for judicial review of decisions by the Human Rights Tribunal of Ontario.

The Tribunal had found that a Toronto police officer discriminated against a Black mail carrier on the basis of race when he stopped and questioned him in an affluent neighbourhood.

The Tribunal also found the Toronto Police Services Board jointly and severally liable for the officer's conduct and awarded $10,000 in damages.

The officers and the Board sought judicial review of the liability and remedy decisions, while the complainant sought increased damages and systemic remedies.

The majority of the Divisional Court dismissed all three applications, finding that the Tribunal's conclusion that race was a factor in the stop was reasonable and supported by the evidence.

The Court also upheld the finding that the Board was liable as the officer's employer under the Human Rights Code.

A dissenting judge would have set aside the liability decision, finding the Tribunal's analysis fundamentally flawed.