Kathryn Bird

The applicant sought judicial review of a Human Rights Tribunal of Ontario decision dismissing their claim against the university.

The applicant alleged discrimination based on disability after the university denied funding for a powerchair under a disability bursary program.

The Divisional Court held that the Tribunal's decision was reasonable, finding that the Tribunal was not required to address every piece of evidence, reasonably concluded it lacked jurisdiction to review the interpretation of the benefits manual, and correctly applied the test for prima facie discrimination.

The application for judicial review was dismissed.

The appellant appealed a summary judgment award requiring it to pay outstanding invoices for temporary staffing services.

The appellant sought to rely on a set-off defence based on fraudulent invoices submitted by the respondent's employees for workers who did not actually work at the appellant's plant.

The Court of Appeal upheld the summary judgment, finding that legal set-off was unavailable because the claim was for unliquidated damages, and equitable set-off was unavailable because the appellant bore responsibility for the fraud through its own representative's actions and was in the best position to prevent it.