Mew J.

The applicant employer sought judicial review of a Human Rights Tribunal of Ontario (HRTO) decision finding it had discriminated against a job applicant on the basis of citizenship.

The employer had rescinded a job offer after discovering the applicant, an international student, lied about being eligible to work permanently in Canada.

The Divisional Court quashed the HRTO's decision, holding that it was unreasonable to conflate 'permanent residence' with 'citizenship' to find direct discrimination under the Human Rights Code.

The court found that permanent residency is a separate status from citizenship, and the HRTO's expansion of the protected ground was not justified.

The appellants, who provided portfolio management services, appealed a decision dismissing their motion for summary judgment.

They argued the respondents' claims for investment losses were statute-barred under the Limitations Act, 2002 and precluded by a release.

The Divisional Court dismissed the appeal, finding no palpable and overriding error in the motion judge's conclusions that the limitation period did not begin until the respondents learned of regulatory settlements, and that the release did not contemplate these specific claims.