COURT FILE NO.: DC-07-00000395-00JR
DATE: 20081031
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
marshman, aitken and swinton jj.
B E T W E E N:
GRANTLEY HOWELL
Applicant
- and -
THE ONTARIO HUMAN RIGHTS COMMISSION
Respondent
Grantley Howell, in person
Brian Smith, for the Respondent
HEARD at Hamilton: October 27, 2008
SWINTON J.: (Orally)
[1] The standard of review of a decision of the Ontario Human Rights Commission whether to refer a complaint to a tribunal pursuant to s.36 of the Ontario Human Rights Code, R.S.O. 1990, c. H.19 is reasonableness.
[2] The applicant brought a complaint of discrimination in employment on the basis of race and colour. The Commission determined that there was insufficient evidence of discrimination on the basis of race and colour to warrant a referral to a tribunal. On reconsideration it remained of the same view.
[3] While the applicant raises issues of discrimination on the basis of disability and the duty to accommodate before us, disability was not raised in his complaint. It was reasonable for the Commission not to refer to the tribunal based on an issue not raised in the complaint.
[4] It is not our role to weigh the evidence before the Commission and come to our decision; rather, it is our role to determine if the Commission acted reasonably. Their decision turned on the insufficiency of the evidence before it to support a complaint of discrimination on the basis of race and colour. Given the record before it we are of the view that the Commission made a reasonable decision in exercising its discretion not to refer the applicant’s complaint to a tribunal. Therefore, the application for the judicial review is dismissed.
marshman J.:
In all of the circumstances the three of us have agreed that costs should be fixed in the amount of $1,000. For oral reasons delivered by Justice Swinton the application is dismissed. The applicant shall pay costs fixed in the amount of $1,000. inclusive of disbursements and G.S.T. Thank you.
Swinton J.
Marshman J.
Aitken J.
Date of decision: October 27, 2008
Oral Reasons Released: October 31, 2008
COURT FILE NO.: DC-07-00000395-00JR
DATE: 20081031
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
marshman, aitken and swinton jj.
B E T W E E N:
GRANTLEY HOWELL
Applicant
- and -
THE ONTARIO HUMAN RIGHTS COMMISSION
Respondent
ORAL REASONS FOR JUDGMENT
swinton j.
Released: October 31, 2008