The appellant employer appealed a decision of the Ontario Human Rights Board of Inquiry, which found it liable for racial discrimination and a poisoned work environment.
The employer argued the Board erred by not dismissing the complaints due to institutional delay, by refusing to apply issue estoppel to a prior labour arbitration decision, and by imposing direct employer liability.
The Divisional Court dismissed the appeal, finding the Board correctly applied the test for delay, properly rejected issue estoppel due to a lack of mutuality of parties, and reasonably inferred a causal connection between the poisoned environment and the employee's termination.
