The City of Toronto sought judicial review of a Human Rights Tribunal of Ontario decision finding it had discriminated against the respondent.
The respondent was subjected to a racial slur by another customer at a court services office.
While most City staff responded promptly and appropriately, the Tribunal found discrimination based on one clerk's inadequate response.
The Divisional Court granted the judicial review and quashed the Tribunal's decision, holding that it was unreasonable to find a poisoned environment and fix corporate responsibility on the City based on the inconsequential conduct of a single non-supervisory employee when the overall response was appropriate.
