The applicant employer sought judicial review of an Ontario Labour Relations Board decision finding that it lacked just cause to dismiss a Black employee and that the dismissal was tainted by anti-Black racism.
The Divisional Court applied the reasonableness standard of review, deferring to the Board's factual findings and credibility assessments.
The Court upheld the Board's reliance on expert evidence regarding implicit bias and circumstantial evidence to conclude that race was a factor in the termination.
The application for judicial review was dismissed.
