Hill v. Air Canada

Hill v. Air Canada

The Tribunal ruled that observations made during a view may be consulted and weighed as evidence alongside other evidence provided the parties have had a full and ample opportunity to address the material issues and the view is not used as an investigative device; caution should be exercised where conditions at the view differ from those at the time of the events.

Citation
2003 CHRT 4
Parties
Complainant: Yul F. Hill; Commission: Canadian Human Rights Commission; Respondent: Air Canada
Court
Canadian Human Rights Tribunal
Jurisdiction
Canada
Judgment Date
5 February 2003
Procedural Posture
Human Rights Complaint / Ruling on Taking a View
Outcome
Ruling that the Tribunal may consider its observations from the view as part of the evidence, subject to procedural fairness and caution given surrounding circumstances.
Legal Topics
Tribunal View, Evidentiary Weight of Observations, Natural Justice, Credibility Assessment, Tribunal Procedure
Source Language
English
Evidence Administrative Law Human Rights Procedural Fairness Tribunal View Evidentiary Weight of Observations Natural Justice Credibility Assessment +1 more

Case Brief

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Parties

Yul F. Hill

Complainant

Canadian Human Rights Commission

Commission

Air Canada

Respondent

Procedural Posture

Human Rights Complaint / Ruling on Taking a View

Legal Issues

  1. 1 Whether a tribunal's viewing of premises constitutes independent evidence
  2. 2 Whether a tribunal must disclose concerns arising from a view to the parties
  3. 3 Whether reliance on a view infringes natural justice by introducing unchallenged observations

Ratio Decidendi

The Tribunal ruled that observations made during a view may be consulted and weighed as evidence alongside other evidence provided the parties have had a full and ample opportunity to address the material issues and the view is not used as an investigative device; caution should be exercised where conditions at the view differ from those at the time of the events.

Court Disposition

Ruling that the Tribunal may consider its observations from the view as part of the evidence, subject to procedural fairness and caution given surrounding circumstances.