Charles Hofley

The applicant, a young African-Canadian man, filed a human rights complaint alleging racial profiling after being stopped by police.

The Commission and the police settled the complaint, agreeing to a limited data collection project, but the applicant sought broader systemic remedies, including data collection for pedestrian stops.

The Human Rights Tribunal dismissed the applicant's request without a full hearing, deferring to the settlement and finding it lacked jurisdiction to order remedies for pedestrian stops.

On judicial review, the Divisional Court set aside the Tribunal's decision, holding that while the summary process was procedurally fair, the Tribunal's conclusions on jurisdiction and its complete deference to the Commission's settlement were unreasonable.

The appellants appealed an order granting the Ottawa Police Association a conditional representation order under Rule 12.08 of the Rules of Civil Procedure.

The underlying action involved 74 police officers who transferred from the OPP to the Ottawa Police Services Board and alleged negligent misrepresentation regarding their pension transfers.

The Divisional Court dismissed the appeal, finding that Rule 12.08 does not require an action to benefit all members of an association, nor is it limited to collective actions.

The court upheld the motion judge's findings on common issues and preferable procedure, confirming that a conditional order to substitute an appropriate representative plaintiff was permissible.

The appellant law firm appealed directions issued by an Administrative Judge regarding the review of legal fees under the Indian Residential Schools Settlement Agreement.

The Administrative Judge had ruled that decisions of the Chief Adjudicator in the fee review process are not subject to appeal or judicial review.

The Court of Appeal dismissed the motion to quash the appeal, finding it had jurisdiction.

However, the Court dismissed the appeal on the merits, holding that a Chief Adjudicator's decision is only reviewable by an Administrative Judge in very limited circumstances where it fails to enforce the provisions of the Settlement Agreement, which the appellant failed to establish.