COURT OF APPEAL FOR ONTARIO

DATE: 20000508

DOCKET: C32965

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

[1] A 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?

[2] The 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.

[3] Accordingly, 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.”