The Divisional Court heard three applications for judicial review of decisions by the Human Rights Tribunal of Ontario.
The Tribunal had found that a Toronto police officer discriminated against a Black mail carrier on the basis of race when he stopped and questioned him in an affluent neighbourhood.
The Tribunal also found the Toronto Police Services Board jointly and severally liable for the officer's conduct and awarded $10,000 in damages.
The officers and the Board sought judicial review of the liability and remedy decisions, while the complainant sought increased damages and systemic remedies.
The majority of the Divisional Court dismissed all three applications, finding that the Tribunal's conclusion that race was a factor in the stop was reasonable and supported by the evidence.
The Court also upheld the finding that the Board was liable as the officer's employer under the Human Rights Code.
A dissenting judge would have set aside the liability decision, finding the Tribunal's analysis fundamentally flawed.
