Ontario (Human Rights Comm.) v. Dofasco Inc. (No. 1)
Date: 2000-08-21
Ontario Divisional Court
COURT FILE NO.: 28/2000 DATE: 20000821
ONTARIO, SUPERIOR COURT OF JUSTICE DIVISIONAL COURT
HARTT, CARNWATH AND MATLOW J.J.
BETWEEN ONTARIO HUMAN RIGHTS COMMISSION Applicant
- and - DOFASCO INC., CATHERINE JEFFREY, AND THE BOARD OF INQUIRY (HUMAN RIGHTS CODE) Respondents
COUNSEL: H. W. Roger Townshend, for the Applicant Margaret Leighton, for the Respondent, Board of Inquiry (Human Rights Code) Michael Hines for the Respondent, Dofasco Inc. Jennifer Scott for the Respondent, Catherine Jeffrey
HEARD: June 23, 2000
Oral Reasons for Judgment
CARNWATH J.: (Orally)
[1] We all agree the application fails. We find it would be unreasonable to interfere with the interim decision of the Board, a decision devoid of exceptional or extraordinary circumstances. The hearing before the Board should not be fragmented and should be permitted to run its course. The section 17 issue should receive a full hearing by the Board. Any aggrieved party may appeal, based on a full evidentiary record. Moreover, records are arguably relevant to the determination of a remedy and quantum of damages.
[2] We find the Board's decision was a reasonable exercise of its discretion at this preliminary stage, In carrying out the balancing of the fourth part of the test in A.M. v. Ryan, 1 S.C.R. 157, we find the Board's exercise of discretion to be reasonable, particularly in the light of the acknowledgment of counsel that the usual undertaking of Mr. Hines to maintain confidentiality is in effect.
[3] The panel, in the exercise of its discretion, awards party-and-party costs of $3,500.00, inclusive of fees and disbursements, plus G.S.T. to Dofasco Inc. The costs are awarded solely against the Commission.
"Carnwath J."
I agree
"Matlow J."
I agree
"Hartt J."
Released: AUG 21 2000
COURT FILE NO.: 28/2000 DATE: 20000821
ONTARIO SUPERIOR COURT OF JUSTICE DIVISIONAL COURT HARTT, CARNWATH AND MATLOW JJ.
B E T W E E N:
ONTARIO HUMAN RIGHTS COMMISSION Applicant
- and -
DOFASCO INC., CATHERINE JEFFREY, AND THE BOARD OF INQUIRY (HUMAN RIGHTS CODE) Respondents
ORAL REASONS FOR JUDGMENT
CARNWATH J.
Released: August 21, 2000