DATE: 20050309

DOCKET: C42391

COURT OF APPEAL FOR ONTARIO

RE:

LE ROY OSWALD TAYLOR (Plaintiff/Appellant) v. THE BANK OF NOVA SCOTIA (Defendant/Respondent)

BEFORE:

DOHERTY, LASKIN and MACFARLAND JJ.A.

COUNSEL:

Linda Tang

for the appellant

Martin Sclisizzi

for the respondent

HEARD & ENDORSED:

March 8, 2005

On appeal from the judgment of Justice Stewart of the Superior Court of Justice dated August 20, 2004.

A P P E A L B O O K E N D O R S E M E N T

[1] The claim as pleaded included a separate claim for discrimination. Discrimination claims do not give rise to a civil cause of action, but must be addressed by the Human Rights Commission: Board of Governors of Seneca College (1981), 124 D.L.R. (3d) 193 (S.C.C.).

[2] The motion judge did not foreclose allegations of discrimination if those allegations are material facts in support of the other causes of action pleaded by the appellant.

[3] The appeal is dismissed. Costs to the respondent fixed in the amount of $2,800.00, inclusive of disbursements and GST.