2 total
Application for judicial review dismissed as tribunal's preliminary dismissal of human rights complaint was reasonable.
The applicant sought judicial review of a Human Rights Tribunal of Ontario decision dismissing her discrimination application against a college.
The tribunal had dismissed the application at a preliminary stage, finding it lacked jurisdiction because the applicant failed to establish a connection between her removal from an academic program and any prohibited grounds under the Human Rights Code.
The Divisional Court applied the reasonableness standard of review and found that the tribunal's decision exhibited the requisite degree of justification, intelligibility, and transparency.
The application for judicial review was dismissed.
Executive Director wrongfully dismissed over workplace romance awarded 22 months' notice and $50,000 moral damages.
The plaintiff, an Executive Director of a long-term care facility, was terminated for cause after 21 years of service following an investigation into an undisclosed romantic relationship with a subordinate manager.
The court found the employer failed to prove just cause, noting the relationship was condoned and the investigation was flawed and conducted in bad faith.
The plaintiff was awarded 22 months' notice, plus benefits and bonuses, less disability payments and mitigation income.
The court also awarded $50,000 in moral damages for the employer's bad faith conduct during the dismissal and litigation.
