Dorais v. Canadian Armed Forces

Dorais v. Canadian Armed Forces

The Tribunal dismissed the CAF's motion and admitted Mr. Claypool's testimony as summarized on September 28, 2020, because the testimony is relevant to the complaint, is not established as inadmissible similar fact evidence, its probative value outweighs any prejudicial effect at this stage, and any systemic aspects of an otherwise individual complaint are properly before the Tribunal.

Citation
2021 CHRT 13
Parties
Complainant: Joshua Dorais; Commission: Canadian Human Rights Commission; Respondent: Canadian Armed Forces
Court
Canadian Human Rights Tribunal
Jurisdiction
Canada
Judgment Date
18 March 2021
Procedural Posture
Human Rights Complaint / Interim Ruling on Admissibility of Witness Testimony
Outcome
Motion dismissed; testimony of Robert Claypool admitted
Legal Topics
Disability Discrimination, Admissibility of Evidence, Systemic Discrimination, Similar Fact Evidence, Procedural Fairness, Subpoena Power
Source Language
English
Human Rights Disability Law Administrative Law Employment Law Disability Discrimination Admissibility of Evidence Systemic Discrimination Similar Fact Evidence +2 more

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Parties

Joshua Dorais

Complainant

Canadian Human Rights Commission

Commission

Canadian Armed Forces

Respondent

Procedural Posture

Human Rights Complaint / Interim Ruling on Admissibility of Witness Testimony

Legal Issues

  1. 1 Whether to exclude in whole or in part the testimony of Robert Claypool prior to hearing
  2. 2 Whether the proposed testimony constitutes similar fact evidence
  3. 3 Whether the testimony is relevant and probative and whether its probative value outweighs prejudicial effect

Ratio Decidendi

The Tribunal dismissed the CAF's motion and admitted Mr. Claypool's testimony as summarized on September 28, 2020, because the testimony is relevant to the complaint, is not established as inadmissible similar fact evidence, its probative value outweighs any prejudicial effect at this stage, and any systemic aspects of an otherwise individual complaint are properly before the Tribunal.

Court Disposition

Motion dismissed; testimony of Robert Claypool admitted

Orders

  • Dismisses the Canadian Armed Forces' motion to exclude the testimony of Robert Claypool
  • Authorizes Mr. Claypool to testify at the hearing as described in the summary filed September 28, 2020