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Judicial review dismissed; Tribunal's dismissal of frivolous human rights complaints and vexatious litigant declaration upheld.
The applicant sought judicial review of a Human Rights Tribunal of Ontario decision that dismissed his eight complaints of discrimination and declared him a vexatious litigant.
The complaints primarily alleged discrimination based on ancestry and place of origin due to poor customer service.
The Divisional Court dismissed the application, finding that the Tribunal's dismissal of the complaints was reasonable as they were frivolous on their face.
The court also held that the Tribunal's process was procedurally fair and its declaration of the applicant as a vexatious litigant was justified given his history of bringing multiple meritless proceedings.
Offence of failing to provide a signaller may be proved by evidence of signaller's failure to perform prescribed duties.
The respondent employer was charged under the Occupational Health and Safety Act after a worker was fatally injured by a reversing dump truck while acting as both a signaller and a spreader operator.
The trial judge directed a verdict of acquittal, ruling that the Crown could not prove a failure to provide a signaller under section 104 of the Regulation by showing the signaller failed to perform the duties prescribed by section 106.
The summary conviction appeal court dismissed the Crown's appeal.
The Court of Appeal allowed the appeal, holding that sections 104 and 106 must be read together to promote the public safety purpose of the legislation, and ordered a new trial.
