Thomas J. Gorsky

The applicant sought judicial review of a decision by the Ontario Human Rights Commission not to deal with his complaint under s. 34 of the Human Rights Code.

The Divisional Court dismissed the application, finding no error in the Commissioner's conclusion that the complaint could be more appropriately dealt with under the Labour Relations Act and that the applicant had already engaged in mediation during the arbitration process.

The court held that the Commissioner's decision was not patently unreasonable and awarded costs to the respondents.

The appellants appealed a trial judgment interpreting a contractual provision that reduced payments to a departing shareholder who took business from the respondent.

The Court of Appeal upheld the trial judge's interpretation, finding it gave commercial efficacy to the provision.

However, the Court varied the trial judge's costs order, finding that the minutes of partial settlement precluded the respondent from recovering costs for most claims prior to the settlement date.

The respondent's cross-appeal regarding several liability was dismissed.

No costs were awarded for the appeal.