Khare v. Bell Canada

The Commission was correct to refuse to investigate Bell Canada because Bell Canada was not the employer of the technicians and therefore it was plain and obvious there was no prima facie case against Bell Canada; judicial review is dismissed and costs awarded to Bell Canada.

Citation: 2012 FC 369
Parties: Applicant: Amiya Khare; Respondent: Bell Canada
Court: Federal Court
Jurisdiction: Canada
Judgment Date: 29 March 2012
Procedural Posture: Judicial Review of Canadian Human Rights Commission Decision / Decision (dismissed)
Outcome: This application for judicial review is dismissed; costs awarded to the respondent.
Legal Topics: Religious Discrimination, Jurisdiction, Employer Liability, Subcontractor Liability, Judicial Review, Costs
Source Language: English

Human Rights Administrative Law Religious Discrimination Jurisdiction Employer Liability Subcontractor Liability Judicial Review Costs

Case Brief

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Parties

Amiya Khare

Applicant

Bell Canada

Respondent

Procedural Posture

Judicial Review of Canadian Human Rights Commission Decision / Decision (dismissed)

Legal Issues

1 Whether Bell Canada was the employer of the technicians and thus a proper respondent under the Canadian Human Rights Act
2 Whether the Canadian Human Rights Commission erred in declining to investigate at the screening stage
3 Whether there was a prima facie case of discrimination by Bell Canada

Ratio Decidendi

Court Disposition

This application for judicial review is dismissed; costs awarded to the respondent.

Orders

This application for judicial review is dismissed.
Costs are taxed in favour of the respondent, Bell Canada, in the amount of $500.