Marek Zygmunt Tufman

Dalimpex Ltd. appealed a Divisional Court order staying its civil action against Agros and others pending arbitration in Poland, and a Superior Court judgment provisionally recognizing a Polish arbitral award in favour of Agros.

The Court of Appeal dismissed the first appeal, holding that the identity of the arbitral tribunal and the scope of the arbitration clause were matters best left to the arbitral tribunal where it is arguable that the dispute falls within the agreement.

The Court allowed the second appeal, setting aside the provisional judgment and adjourning the enforcement application pending the final disposition of Dalimpex's appeal of the arbitral award in the Polish courts.

The plaintiff, a highly educated woman of East Indian origin, repeatedly applied for teaching positions at the defendant college but was never interviewed or hired.

She brought a civil action claiming damages for discrimination based on race and national origin, arguing both a common law tort of discrimination and a breach of The Ontario Human Rights Code.

The Supreme Court of Canada held that no common law tort of discrimination exists.

The Court found that the comprehensive administrative and adjudicative scheme established by the Code forecloses any civil action based directly on a breach of the Code or on an invocation of the public policy expressed within it.