Court File and Parties

CITATION: Jones Lang Lasalle Real Estate Services Inc. v. Human Rights Tribunal of Ontario and Brian Graff, 2015 ONSC 4005

DIVISIONAL COURT FILE NO.: 588/14 DATE: 20150619

ONTARIO SUPERIOR COURT OF JUSTICE DIVISIONAL COURT

SANDERSON, RADY AND D. L. CORBETT JJ.

BETWEEN:

JONES LANG LASALLE REAL ESTATE SERVICES, INC. Applicant

– and –

THE HUMAN RIGHTS TRIBUNAL OF ONTARIO AND BRIAN GRAFF Respondents

Counsel: Jason H. Beeho, for the Applicant Linda H-C Chen, for the Respondent, Human Rights Tribunal of Ontario Bruce M. Best, for the Respondent, Brian Graff

HEARD at Toronto: June 19, 2015

Oral Reasons for Judgment

D. L. CORBETT J. (ORALLY)

[1] The applicant seeks review of the decision of the Board that the applicant discriminated against the respondent Brian Graff in connection with the termination of Mr. Graff’s employment.

[2] We have concluded that this application is premature and should be dismissed for that reason.

[3] The Board has not completed its work. It has not decided the question of remedy. Where a proceeding is bifurcated, it is usually preferable to await the completion of the entire proceeding before appeal or judicial review. This case is no exception.

[4] Second, once proceedings before the Board are completed, either party may seek reconsideration of the Board’s decision. We do not agree that reconsideration is optional because the grounds for reconsideration (Human Rights Tribunal, Rule 26.5) are different than the grounds for judicial review (s.45.8 of the Human Rights Code).

[5] The parties must exhaust the process available at the Human Rights Commission before seeking intervention in this Court.

[6] The application is therefore dismissed.

COSTS

SANDERSON J.

[7] I have endorsed the Application Record, “For reasons given application is dismissed as premature with costs of $2,000 to the complainant.”

D. L. CORBETT J.

SANDERSON J.

RADY J.

Date of Reasons for Judgment: June 19, 2015 Date of Release: June 30, 2015

CITATION: Jones Lang Lasalle Real Estate Services Inc. v. Human Rights Tribunal of Ontario and Brian Graff, 2015 ONSC 4005

DIVISIONAL COURT FILE NO.: 588/14 DATE: 20150619

ONTARIO SUPERIOR COURT OF JUSTICE DIVISIONAL COURT

SANDERSON, RADY AND D. L. CORBETT JJ.

BETWEEN:

JONES LANG LASALLE REAL ESTATE SERVICES, INC. Applicant

– and –

THE HUMAN RIGHTS TRIBUNAL OF ONTARIO AND BRIAN GRAFF Respondents

ORAL REASONS FOR JUDGMENT

D. L. CORBETT J.

Date of Reasons for Judgment: June 19, 2015 Date of Release: June 30, 2015