COURT OF APPEAL FOR ONTARIO
RE: THE ONTARIO HUMAN RIGHTS COMMISSION
(Respondent) and MIKE NARAINE and FORD MOTOR
COMPANY OF CANADA LTD., GORD BATSTONE, GEORGE
GOYTON, ANDY BARR, W.H. DOBSON, BOB DARROGAN AND
MIKE TEIGHE (Appellants)
BEFORE: FINLAYSON, LABROSSE AND GOUDGE JJ.A.
COUNSEL: Christopher G. Riggs, Q.C.
Mike Naraine, in person
For the appellants
Naomi Overend
For the respondent
HEARD: April 27, 2000
On appeal from the Order of the Divisional Court dated June 23,
E N D O R S E M E N T
1A serious issue has arisen concerning the meaning of the
endorsement granting leave to this court. That endorsement was
in the following terms:
Did the Divisional Court err in failing to recognize the
legal significance of the fact of the respondent’s dismissal
for cause because of an assault on a fellow employee?
2The leave granted does not extend to a review of the finding
of systemic discrimination. Rather, the question is, in light of
jurisprudence such as Weber v. Ontario Hydro what is the effect,
if any, of the arbitration award on the jurisdiction and power of
the Board of Inquiry to grant the remedy of reinstatement.
3Accordingly, the matter is adjourned with leave to the
parties to file fresh factums, if advised, addressing this sole
question. No costs of today.
“G.D. Finlayson J.A.”
“J.M. Labrosse J.A.”
“S.T. Goudge J.A.”