Genest v. Bell Mobility

Genest v. Bell Mobility

Tribunal found on the balance of probabilities that the employer's Flex Benefits program in 1995 did provide life insurance options to same-sex spouses, HR provided informational materials and sessions, the Complainant's factual account lacked credibility and he failed to establish a prima facie case of discrimination; therefore the complaint was dismissed.

Citation
2004 CHRT 19
Parties
Complainant: Marc Genest; Commission: Canadian Human Rights Commission; Respondent: Bell Mobility
Court
Canadian Human Rights Tribunal
Jurisdiction
Canada
Judgment Date
4 June 2004
Procedural Posture
Employment Discrimination Complaint Under the Canadian Human Rights Act / Final Decision (merits Hearing)
Outcome
Complaint dismissed for failure to establish a prima facie case of discrimination
Legal Topics
Discrimination Based on Sexual Orientation, Marital Status, Employee Benefits, Spousal Life Insurance, Prima Facie Burden of Proof
Source Language
English
Human Rights Employment Law Insurance Law Administrative Law Discrimination Based on Sexual Orientation Marital Status Employee Benefits Spousal Life Insurance +1 more

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Parties

Marc Genest

Complainant

Canadian Human Rights Commission

Commission

Bell Mobility

Respondent

Procedural Posture

Employment Discrimination Complaint Under the Canadian Human Rights Act / Final Decision (merits Hearing)

Legal Issues

  1. 1 Whether Bell Mobility discriminated against the Complainant by denying spousal life insurance because of sexual orientation or marital status
  2. 2 Whether the employer failed to inform the Complainant of available spousal life insurance options
  3. 3 Whether the Complainant established a prima facie case of discrimination

Ratio Decidendi

Tribunal found on the balance of probabilities that the employer's Flex Benefits program in 1995 did provide life insurance options to same-sex spouses, HR provided informational materials and sessions, the Complainant's factual account lacked credibility and he failed to establish a prima facie case of discrimination; therefore the complaint was dismissed.

Court Disposition

Complaint dismissed for failure to establish a prima facie case of discrimination