Dobbie v. Air Canada

Dobbie v. Air Canada

Because the Commission expressly excluded the retaliation allegations when it referred only part of the complaint to the Tribunal, the Tribunal lacks statutory jurisdiction to hear those allegations and they must be struck from the Complainant's SOP.

Citation
2026 CHRT 39
Parties
Complainant: Mitchell Dobbie; Commission: Canadian Human Rights Commission; Respondent: Air Canada
Court
Canadian Human Rights Tribunal
Jurisdiction
Canada
Judgment Date
23 April 2026
Procedural Posture
Human Rights Employment (age Discrimination) / Ruling on Motion to Strike Sop; Pre Hearing
Outcome
Air Canada's motion granted
Legal Topics
Age Discrimination, Retaliation/reprisal, Tribunal Jurisdiction, Scope of Complaint, Commission Referral Process
Source Language
English
Human Rights Employment Law Administrative Law Age Discrimination Retaliation/reprisal Tribunal Jurisdiction Scope of Complaint Commission Referral Process

Case Brief

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Parties

Mitchell Dobbie

Complainant

Canadian Human Rights Commission

Commission

Air Canada

Respondent

Procedural Posture

Human Rights Employment (age Discrimination) / Ruling on Motion to Strike Sop; Pre Hearing

Legal Issues

  1. 1 Whether the Tribunal has jurisdiction to hear retaliation allegations that the Commission excluded from the referral
  2. 2 Whether the retaliation allegations in the Complainant's SOP are beyond the scope of the complaint referred to the Tribunal and should be struck

Ratio Decidendi

Because the Commission expressly excluded the retaliation allegations when it referred only part of the complaint to the Tribunal, the Tribunal lacks statutory jurisdiction to hear those allegations and they must be struck from the Complainant's SOP.

Court Disposition

Air Canada's motion granted

Orders

  • Retaliation allegations struck from the Complainant's Statement of Particulars
  • Proceedings limited to the Initial Complaint as referred by the Commission